اعتبارات الأمن القانوني في قانون المرافعات (التشريع الإجرائي، الخصومة المدنية)

Abstract

There is no doubt that one of the most important goals pursued by legal systems at the present time is legal security at all levels, both international and national. It is a flexible term whose perquisites differ in accordance with the legal Field in which it is applied. The law of Civil proceedings is not far from considerations of legal security, either in its general sense such as the non-retroactivity of legal texts, its general and abstract scope of application, or in its strict meaning that relates to the specificityof procedural law e.g. Res Judicata, Fair trial, and rights of defense. However, the most important of all of these considerations, whether in the general or strict sense, is the protection of legitimate expectations of individuals in procedural law, which we study at the level of procedural legislation on the one hand, and civil litigation on the other hand. On the one hand, the procedural legislation should fulfill the legal requirements in this regard and this does not mean general and abstract scope of application, or the clarity of meanings and expressions, it is related as well to the substantive requirements, which is that procedural legislation keeps pace with the new and renewed requirements of society, and provides clear and direct mechanisms, forms and procedures whenever it is possible, so that the matter is not left completely to the application of general principles, and in order to complete the role of the legislator, Judicial jurisprudence plays a crucial role for two reasons: The legislator, regardless of the accuracy of the legislation, will not be able to encompass all the situations that may occur, and also with regard to the application of the texts that can not be implemented except through judicial jurisprudence. This process is done under the supervision and supervision of the higher courts. On the other hand, civil litigation is the main field - and not the only one - to implement the provisions of procedural Law, so that procedural legislation cannot be said to succeed except by controlling the procedural activity of persons in litigation, which must be done within the framework of the social concept of the civil issue, so that this concept forms the procedural philosophy of the legislator In the regulation of procedural rights and duties on the one hand, and procedural sanctions on the other hand, while ensuring the rights of defense and the role of individual will in the litigation.