Sanction abuse of judicial proceeding | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 8, Issue 2, June 2016, Pages 448-482 | ||
| Authors | ||
| A.P.Dr.Thamear Hussien Al-Ma; ; hayder fahmi hatem | ||
| Abstract | ||
| ABSTRACT Law recognizes the rights of the people and protected, in order to achieve certain purposes, it should be that restricts the use of purpose that grant for it, and have to use the right illegally whenever occurred outside the boundaries of that end, and would require the imposition of a sanction on the illegal use of the right, the sanction imposed for violation of a rule of law, and punishment to ensure respect for the law and ensure its effectiveness, and varied sanctions imposed by the law, according to the type of rule that opposers person, sanction may be criminally may be civilians, sanction criminal may located on the body of man or his money or his freedom, sanction Criminal consequent violation of a rule of criminal law , the sanction may be a civilian, a a sanction imposed by law when violating a rule of private law, and there is a the sanction and an arranged procedural Code of Civil Procedure in the face of opponent who violates the rules of procedural law. And sanction the abuse opponent in the use of judicial proceedings decide procedural law sanctions due to abuse of the right such as the prohibition of the use of a particular right or not to accept it. In this study, we address the definition of abuse of the judicial process, and the statement of procedural the sanction for abuse of judicial procedure, and its role in the prevention of abuse raised, and studying the cases of procedural sanctions imposed by the legislature on the opponent arbitrary. | ||
| Keywords | ||
| Sanction abuse; judicial Proceeding | ||
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