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Document Type |
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Thesis |
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Document Title |
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The Motion of Inadmissibility of a Case Previously Adjudicated in The Saudi Law- A Comparative Study الدفع بعدم جواز نظر الدعوى لسبق الفصل فيها في النظام السعودي "دراسة مقارنة " |
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Subject |
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Faculty of Law |
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Document Language |
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Arabic |
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Abstract |
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This study examines the issue of inadmissibility of a lawsuit due to a previous ruling, including its legal basis, regulatory framework, and its implications. It presents the concepts related to this issue, discusses the differences jurisprudence, and reviews the legal approaches and debates surrounding this issue. The main objective of this study is to shed light on the legal basis of this motion, using a comparative methodology.
The study is divided into two sections. The first section discusses the legal basis of inadmissibility of a lawsuit due to a previous ruling. It identifies the nature of this Motion and studies its conditions, such as the validity of the judicial ruling. The second section discusses the rulings related to the same, including its conditions and the scope of its validity, and highlights the impact of rules that allow for deviation from this motion.
The study arrives at several conclusions, the most important of which is that the nature of motion of the inadmissibility of a lawsuit is not related to the validity of the claim or to the legal procedures involved, but rather to the conditions for accepting or rejecting the claim. It falls under the category of defenses of non-acceptance, and this motion is accepted only if three conditions are met, which are the unity of the subject, the cause, and the parties involved.
The study concluded with some recommendations, the most important of which are: The Saudi organizer and the Egyptian legislator recommend defining each motion in the motions and setting a special standard for it in order to avoid confusion between them. The Egyptian legislator also recommends following in the footsteps of the Saudi organizer in determining the lawsuits that are renewable in personal status matters that are mentioned in the Saudi personal status system, and not relying solely on what the judiciary has decided regarding the possibility of requesting an increase or decrease in financial support. |
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Supervisor |
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Dr. Hisham Mowaffaq Hamed Awad |
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Thesis Type |
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Master Thesis |
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Publishing Year |
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1445 AH
2023 AD |
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Added Date |
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Tuesday, October 31, 2023 |
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Researchers
| عامر احمد بازمول | Bazammul, Amer Ahmed | Researcher | Master | |
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