Date of Award
Master of Science (MS)
أ. د أحمد علي السيد خليل
أ. د. مصطفي السيد قنديل
د. عبد الله الخطيب
The judicial declaration is the legal means by which the opponent informs a specific incident to the knowledge of his opponent by handing him or his representative the legal declaration. The basis of the law is that the judicial declaration is the cornerstone and the legal principle of the contest, which ensures the most important defense guarantees for the opponents is the science of the time Which is appropriate for all the elements of adversity and provided the opponent with the opportunity to defend and respond to them and what when the declaration was true arranged its legal impact and the speed of litigation and the opponents obtained their legal rights in a timely manner. The judicial declaration is the starting point in the debate. Therefore, it is referred to in this study as one of the main reasons if the main reason is not the phenomenon of slow litigation in addition to many reasons related to the occasion of the judicial declaration. However, the judicial declaration and the time wasted are the most important reasons the convening of the dispute and the proceedings of the lawsuit in a manner commensurate with the progress of the lawsuit, so this study. We have worked hard to reach an analysis of the new amendment in the Civil Procedures Law, which served the judicial declaration directly and by legislating the reduction of the occasion and time spent on the judicial declaration, and then to identify some proposals that contribute to overcoming this dilemma.
Aims of the thesis: The aim of the study is to try to communicate the reasons for the slow pace of litigation by analyzing the reasons associated with the judicial declaration, and then to try to avoid this from the legal analysis of the new speech in the Federal Civil Procedure No. 10 of the year 2104. How to avoid the slow prosecution in the case General and the judicial declaration, and how the technological and electronic revolution can contribute to the judicial process in a way that keeps pace with these developments during the past five years with the lowest estimate.
Limits thesis: Time limits: the period 1992-2014. Spatial boundaries: United Arab Emirates. Methodology: The researcher followed the study of several research methods; the method was followed analysis to analyze the legal texts, descriptive approach to the statement of some of the judicial rulings. Results Thesis: The researcher came through several important results, including the judicial declaration is the essence of the litigation process and the contestation. Therefore, it is referred to as the most important reasons for the slowness in the judiciary. The reason for this is due to the general in some articles of the judicial declaration. The judicial declaration must keep pace with the development of technology faster and more recent than it is. The Recommendations of the thesis: In view of the study discussed in the judicial declaration, the researcher has reached several legal recommendations to amend some provisions of the Federal Law No. (10) of 2014 regarding the judicial declaration to keep pace with the development of technology in the electronic judicial proceedings in general and judicial notice in particular.
مبارك المهيري, ابتسام, "تيسير إجراءات التقاضي من خلال التنظيم القانوني لطرق الإعلان القضائي" (2018). Private Law Theses. 8.