صور الحکم القضائی السلبی

عبدالله بن فهد بن محمد الشویعی الشویعی
2020 حولیة کلیة الدراسات الإسلامیة والعربیة للبنات بالإسکندریة  
A negative judicial ruling, although in some cases, the subject of the case is not settled due to circumstances related to the case or the plaintiff or the defendant, but the decision issued by it is considered a judicial ruling, so the aim of this research is to identify the images of the negative judicial ruling, and the negative judicial ruling and the differences in it are formulated Between verbal and meaning, the recognition of the operative passive judicial verdict, the authenticity and
more » ... nforceability of passive judicial judgment, the interpretation of passive judicial judgment, and the controls of passive judicial judgment. ، The research ٧٩٥ ‫ﺑﻴ‬ ‫اﻟﻌﺮ‬ ‫و‬ ‫اﻹﺳﻼﻣﻴﺔ‬ ‫اﺳﺎت‬ ‫اﻟﺪر‬ ‫ﻛﻠﻴﺔ‬ ‫ﻟﻴﺔ‬ ‫ﳊﻮ‬ ‫اﻟﺜﻼﺛﲔ‬ ‫و‬ ‫اﻟﺴﺎدس‬ ‫اﻟﻌﺪد‬ ‫ﻣﻦ‬ ‫اﻟﺜﺎﻟﺚ‬ ‫ﻠﺪ‬ ‫ا‬ ‫ﻳﺔ‬ ‫ﺑﺎﻹﺳﻜﻨﺪر‬ ‫ﻟﻠﺒﻨﺎت‬ ‫ﺔ‬ ‫اﻟﺴﻠﺒﻲ‬ ‫اﻟﻘﻀﺎﺋﻲ‬ ‫اﳊﻜﻢ‬ ‫ﺻﻮر‬ found pictures of the negative judicial ruling, including: -Dividing judgments into two types in terms of confrontation are (presence judgments -absentia judgments). ، -In terms of the extent of its acceptance to challenge it, the provisions are divided into preliminary rulings and final rulings). ، -That the verdict of the judgment is the one to whom the authenticity is proven, because it is represented by the judicial truth, but it is required to prove the authenticity of the verdict in it, according to what is stated in the operative verdict that it was mentioned in the form of judgment and dismissal as a result of research and budget. ، -That a negative judicial ruling finds its source in the Saudi system by knowing the scale by which the negative judgment can be said, and if the negative judicial ruling includes negating something from something, or prohibiting from doing something, or leaving it. ، -The source of a negative court ruling may be due to the judge's inability to hear the case in the event that jurisdiction is not the source of the negative court ruling, and the judge's inability to serve as a source of negative court judgment. ، -That a negative judicial ruling acquires an authenticity upon its issuance, and this authenticity is represented by its enjoyment of a kind of inviolability, whether the judicial ruling is present, in absentia, whether primary or final, so the correct judgment is considered a title of the truth once it is issued.
doi:10.21608/bfda.2020.105742 fatcat:pgy2r4rk7jbx5hnaeoiz7ohmem