The procedural fraud that justifies the appeal for a retrial according to the Jordanian Civil Procedure Code

Abstract

The idea of ​​fraud is considered to have ethical dimensions that find its applications in a wide range of branches of law, both public and private, without exception. Its range is extended to the Civil Procedure Code, which is the common law for all other procedural laws. These procedural laws vary between judicial and non-judicial; Therefore, they must be protected from the fraud and manipulation of the opponents, which are usually aimed at prolonging the litigation period, depriving rights holders of their rights, or misleading justice for an unlawful purpose, which affects the proper course of justice. We have concluded that the possibility of applying the principle of cheating spoils everything on the rules of procedure. Especially, since this principle is one of the universal and stable legal principles without stipulating it in the law, as it is a principle linked to the public order. In addition, the methods of cheating are not limited to the illegal behavior of the opponent but extend to include the concealment and lying of the opponent. Therefore, it is necessary for the legislator to intervene to regulate the rules of fraud in the procedures with explicit texts and not to leave them to the general rules.