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تبسيط إجراءات التقاضي في نطاق الخصومة المدنية: دراسة تأصيلية تطبيقية مقارنة في قانون المرافعات المصري وقانوني الإجراءات المدنية الإماراتي والعماني

المصدر: مجلة الأمن والقانون
الناشر: أكاديمية شرطة دبي
المؤلف الرئيسي: علام، رمضان إبراهيم عبدالكريم موسى (مؤلف)
المجلد/العدد: مج31, ع2
محكمة: نعم
الدولة: الإمارات
التاريخ الميلادي: 2023
التاريخ الهجري: 1444
الشهر: يوليو
الصفحات: 502 - 570
DOI: 10.54000/0576-031-002-008
ISSN: 2520-5366
رقم MD: 1390802
نوع المحتوى: بحوث ومقالات
اللغة: العربية
قواعد المعلومات: EcoLink, IslamicInfo
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عدد مرات التحميل

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المستخلص: The law has become an indispensable social necessity, considering that it plays an effective role in achieving security and stability, and aims to spread justice throughout society. Simplifying the litigation procedures is important, as it contributes to an effective role in achieving justice, and works to expedite the delivery of the right to its owner by the nearest way. The state is charged with a duty to provide full judicial protection for its citizens, and the means for this is to appoint judges, for the judiciary is one of the high positions associated with the Great Imamate, and the ruler is the one who has the authority to appoint judges - whatever their rank is to act on his behalf in settling disputes, cutting disputes between people and removing injustice from them. Among the procedural obstacles that stand in the way of accomplished justice, is the slow pace of procedures that waste the principle of justice and hit it to the core. Only facilitating the litigation procedures and setting up comprehensive mechanisms for the development of the judiciary, including amending legislation to keep pace with all changes, and amending the procedural rules to ensure that the judiciary exercises its lofty mission to achieve justice in the shortest time and at the lowest possible costs, will not succeed in solving the problem of the slow pace of litigation. In application of this consideration, procedural laws should be looked at from time to time, and the rules that no longer fit the reality and its developments should be amended, and contribute significantly to delaying the granting of judicial protection. In order to achieve simplification, the specialization of the judiciary has become a modern necessity, for the proper functioning of the judiciary and the achievement of justice. This is what I have taken and many countries have followed. It has also become necessary to use modern electronic means in litigation. The use of modern means of communication in litigation helps to simplify the procedures followed before the courts and leads to shortening the time it takes for the case to be decided upon. It also facilitates the work of the judge and helps him to look into the dispute and quickly resolve it, in addition to alleviating the litigants in preparing the case, following it up and reviewing its papers, besides Reducing the courts, which ultimately helps to achieve prompt justice. While the United Arab Emirates has gone a long way in this regard, the Sultanate of Oman has begun to take actual steps to implement it in part, in preparation for generalizing it to all courts.

ISSN: 2520-5366