عیب عدم تسبیب الحکم القضائی

أسماء خلف الرقاد
2018 مجلة کلیة الشریعة والقانون بتفهنا الأشراف - دقهلیة  
The causation of civil judgments is considered to be an obligation on the court to take into account when issuing judicial rulings, the existence of any defect in the causation such as the lack of causes, insufficiency, contradictory, existence of hypothetical or presumptive causes or a corruption in the reasoning would result in its dissolution and invalidation. Causation is the opponents' method to verify the fairness of sentences issued against them, the opponents trust is gained when the
more » ... ses are fair based on the causation which would lead to maintaining the right of defense and the right of appeal as well as allowing the Court of Cassation to monitor courts in terms of understanding the realities of the cases and the authenticity of the judgments. The deficiencies in the causation of the judicial rulingare one of the formal defects that include the violation of formal requirements that should be fulfilled in the ruling, it is also distinguished from other adaptations and causes of cassation, the sufficient and logical causes as well as the lack of contradiction is one of the most important requirements for causation, deficiencies in the causation of the judicial rulingin any form whatsoever exists if this requirement is not available, although there are forms which would not be considered as a deficiency in the causation due to their existence such as the increase in causes or referral to an expert report or case documents. When deficiencies in the causation exist we would sense its psychological effect on the opponent, also the judicial ruling will lose its authenticity and the sentence will be subject to appeal and cassation.
doi:10.21608/jfslt.2018.29089 fatcat:34jy4wwobjbw3f6dbma4l76rka