The Relativity of the Effect of Procedural Acts in Civil Litigation
DOI:
https://doi.org/10.64184/ajlps.V2.I4.Y2025.P758-810.256Keywords:
procedural action, relativity, procedural right, procedural duty.Abstract
The principle of relativity in civil litigation has numerous applications. This principle, as it is called, "is a principle that dominates various procedural ideas," given its influence over procedural acts, which generate procedural effects independent of the will of the parties.
There is no doubt that procedural acts are designed by the procedural legislator, taking into account the intrinsic purpose of each act individually and the overall objective of this act within the procedural system within which it operates. Therefore, procedural acts are inextricably linked to their procedural system. They are not substitutes for one another, nor are they transferable from one system to another, because they would never function. Ultimately, they serve the substantive right and have no other purpose. It must be noted that the principle of relativity applies to all procedural actions in civil litigation, whether before the Court of First Instance or even before the Court of Cassation. Whether this action is a procedural right or a procedural duty, we must therefore address the application of this principle to civil litigation procedures, as this principle governs all litigation procedures from their inception until the issuance and implementation of a judgment. Therefore, the applications of this principle are numerous and varied. Accordingly, we will divide the research topic into two sections. In the first, we will address the concept of procedural action and its requirements, while in the second, we will dedicate the impact of the principle of relativity on procedural actions, as follows.
References
First: Books:
1- Ahmad bin Muhammad bin Ali Al-Fayoumi, Al-Musabih Al-Munir fi Gharib Al-Sharh Al-Kabir, Dar Al-Risala Al-Alamiyyah, Cairo, 2015.
2- Al-Mu'jam Al-Wasit, Arabic Language Academy, General Administration of Dictionaries and Heritage Revival, 4th ed., Al-Shorouk International Library, Egypt, 2004.
3- Dr. Gamal Talaba, Dictionaries of Meanings in Arabic, Dar Al-Jawhara for Publishing and Distribution, Cairo, 2014.
4- Dr. Fathi Wali, The Theory of Nullity in Civil and Commercial Procedure Law, Al-Halabi Legal Publications, Cairo, 1997.
5- Dr. Ahmed Al-Sayed Sawi, Al-Wasit in Explaining the Civil and Commercial Procedure Law, Cairo University Press and University Book, 1990, p. 349.
6- Dr. Fathi Wali, The Theory of Nullity in Civil and Commercial Procedure Law, 2nd ed., Al-Halabi Publications, Cairo, 1997.
7- Dr. Nabil Ismail Omar, Civil Procedure Code, 1st ed., Al-Halabi Legal Publications, Beirut, 2008.
8- Dr. Fathi Wali, Dr. Ahmed Maher Zaghloul, The Theory of Nullity in the Code of Civil Procedure, no publisher, Cairo, 1997.
9- Dr. Wagdy Ragheb Fahmy, Principles of Civil Judiciary, 3rd ed., Dar Al-Nahda Al-Arabiya, Egypt, 2001.
10- Dr. Ramadan Gamal Kamal, The Modern Encyclopedia of Nullity in Light of Jurisprudence and the Judiciary, Vol. 1, 1st ed., National Center for Legal Publications, 2007.
11- Dr. Eid Muhammad Al-Qassas, The Mediator in the Civil and Commercial Procedure Law, Dar Al-Nahda Al-Arabiya, Cairo, 2005.
12- Dr. Nabil Ismail Omar, The Mediator in Civil and Commercial Procedure Law, Dar Al-Jamia Al-Jadida, Alexandria, 1999.
13- Attorney Sherif Ahmed Al-Tabbakh, The Modern Judicial Encyclopedia in Civil Lawsuits, Vol. 1: Nullity Suit in Light of Jurisprudence and the Judiciary, Bahr Al-Ulum Library, Cairo, 2012.
14- Israa Younis Hadi Al-Mawla, Capacity in Special Criminal Procedures, Dar Al-Jamia Al-Jadida, Alexandria, 2014.
15- Dr. Al-Sayed Abdel-Wahab Arafa, The Comprehensive Guide to Civil Lawsuits and Their Procedures, 1st ed., National Center for Legal Publications, Cairo, 2009.
16- Dr. Farag Alwani Halil, Nullity in Civil and Commercial Procedure Law, Dar Al-Matbouat Al-Jamia, Alexandria, 2008.
17- Dr. Ahmed Abu Al-Wafa, The Theory of Defenses in Civil Procedure Law, 6th ed., Manshaat Al-Maaref, Alexandria, 1980.
18- Dr. Ibrahim Naguib Saad, Private Judicial Law, Maaref Establishment, Alexandria, no publication year.
19- Dr. Ahmed Ibrahim Abdel Tawab, The General Theory of Procedural Rights, A Comparative Study, 1st ed., Dar Al-Jamia Al-Jadida, Egypt, 2009.
20- Dr. Adam Wahib Al-Nadawi, The Philosophy of Litigation Procedures in the Code of Civil Procedure, 1st ed., Higher Education Press, Baghdad, 1988.
21- Dr. Abdullah Abdel-Hay Al-Sawy, Procedural Rights: Their Regulation and Protection in Islamic Law and Jurisprudence, 1st ed., National Center for Legal Publications, Egypt, 2022.
22- Dr. Al-Ansari Hassan Al-Nidani, The Judge and Procedural Penalties in the Code of Civil Procedure, Dar Al-Jamia Al-Jadida, Cairo, 2009.
23- Dr. Nabil Ismail Omar, The Lapse of the Right to Take Action in the Code of Civil Procedure, Dar Al-Jamia Al-Jadida, Egypt, 2004.
24- Dr. Muhammad Nasr Muhammad, Fundamentals of Defenses and Trials, 1st ed., Al-Rayah Publishing and Distribution, Amman, 2012.
25- Dr. Najib Ahmad Abdullah Thabet Al-Jabali, Abuse of Procedural Rights, Modern University Office, 2006.
26- Dr. Sadiq Haider, Explanation of the Civil Procedure Code: A Comparative Study, Al-Sanhouri Library, Baghdad, 2011.
27- Dr. Ahmad Hindi, Commentary on the Civil Procedure Code in Light of Cassation Rulings and Jurists' Opinions, Dar Al-Jami'a Al-Jadida, 2008.
28- Dr. Abbas Al-Aboudi, Explanation of the Provisions of the Civil Procedure Code, Al-Sanhouri Library, Baghdad, 2016.
Second: Research:
1- Dr. Muhammad al-Sayyid Muhammad al-Rifai, Waiver of Procedural Rights (A Comparative Analytical Study in Egyptian and French Civil Procedure Law), PhD Thesis, Faculty of Law, Zagazig University, 2010.
2- Sirwan Raouf Ali, The Theory of Procedural Action in Civil Procedure Law, A Comparative Analytical and Applied Study, Research Submitted to the Judicial Institute in the Kurdistan Region, Iraq, 2021.
3- Dr. Wagdi Ragheb, Studies on the Position of the Adversary Before the Civil Court, Research Published in the Journal of Legal and Economic Sciences/Ain Shams University, Issue 1, Year 18, Egypt, 1976.
4- Dr. Muhammad Yahya Ahmad Attia, Procedural Protection of the Child in Personal Status Matters (A Comparative Study), Research Published in the Journal of Jurisprudential and Legal Studies, Higher Institute of the Judiciary, Issue 12, Amman, 2022.
5- Dr. Muhammad Yahya Ahmad, and Dr. Ibrahim Hamdan Ahmed, Requirements for the Validity of Procedural Action in Egyptian Law According to the Latest Legislative Amendments and Supreme Court Rulings (A Comparative Analytical Study), a research paper published in the Legal Journal, Faculty of Law, Assiut University, Volume 15, Issue 5, February 2023.
Third: Theses and Dissertations:
1- Dr. Muhammad Al-Sayyid Muhammad Al-Rifai, Waiver of Procedural Rights (A Comparative Analytical Study in Egyptian and French Civil Procedure Law), PhD Thesis, Faculty of Law, Zagazig University, 2010.
2- Dr. Ibrahim Amin Al-Nafawi, Liability of the Opponent for Procedures, A Comparative Study, PhD Thesis Submitted to the Faculty of Law, Ain Shams University, 1987.
3- Zainab Muhammad Faleh, Changing the Procedural Status in Civil Suits, A Comparative Study, Master's Thesis, Faculty of Law, Al-Mustansiriya University, 2024.
4- Dr. Ramadan Ibrahim Allam, Procedural Contradiction, PhD Thesis, Faculty of Law, Ain Shams University, 2010.
5- Kamal Rahim Aziz Al-Askari, Extension of Jurisdiction in Civil Judiciary (Comparative Study), Master's Thesis, Faculty of Law, University of Karbala, 2021.
6- Adel Muhammad Suleiman, Reference to the Relativity of the Effect of Appealing Judicial Rulings, PhD Thesis, Faculty of Law, Benha University, 2021.
Fourth: Laws:
1- Iraqi Civil Procedure Law No. 83 of 1969.
2- Egyptian Civil and Commercial Procedure Law No. 13 of 1968 in force.
3- Libyan Civil Procedure Law No. 37 of 1971 in force.
.French Civil Procedure Law No. 1123 of 1975 in force4-
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