Preventive Defenses to Prevent Contradictory Judgments
Keywords:
) Preventive defenses , substantive defenses, formal defenses, judicial rulings, contradictory rulings ).Abstract
Judicial jurisdiction is unified، and there is no way to choose a judge without taking into account the jurisdictions specified by law for each party. Legal defenses are an important topic related to practical application and their consequences. A plaintiff's recourse to the judiciary must be based on a right and follow the procedures stipulated by law to protect that right. A lawsuit is a legal means by which anyone who has suffered harm can resort to the civil judiciary ،which has general jurisdiction over civil lawsuits، with the aim of obtaining their rights in the event of a dispute or conflict. Providing judicial protection is one of the most prominent rights of individuals. Defenses occupy a prominent place in civil procedure law، as the civil procedure law is one of the procedural laws related to the judiciary. The goal and purpose of procedural laws is to provide legal protection for individuals to obtain their rights through the judiciary، while also providing the other party with the right to defense. This is to establish justice among individuals in accordance with the provisions of the law by presenting defenses to avoid a judgment in favor of the plaintiff. A defense is a legal means of exercising the right to defense in a lawsuit، and it is a negative procedure; it does not add anything new to the lawsuit، but rather aims to avoid a judgment based on the plaintiff's claim. There are three types of pleas: substantive pleas directed at the essence of the right، formal pleas directed at the dispute and its procedures،or pleas of inadmissibility, which aim to waive the plaintiff’s right to file a lawsuit.
References
Sources and References
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