Compensation for abuse of the right of litigation (comparative analytical study)
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Abstract
The thesis dealt with compensation for abuse of the right to litigation in
comparison by explaining the theory of arbitrariness in the use of
litigation between litigants, abuse of the judge's power and associates
against litigants before the courts, and the extent to which civil or
administrative liability for arbitrariness and compensation was imposed
through Palestinian law compared to Egyptian law and some other
relevant laws.
The problem with the thesis revolved around the extent to which the use
of a procedural right or authority was considered arbitrary that generated
civil or administrative liability, and the extent to which compensation
could be awarded for such arbitrariness in its multiple ways.
The thesis concluded with several conclusions, the most important of
which: that the Palestinian legislator agreed to oblige the abuser to make
just compensation for the injury depending on the extent of the damage,
regulating cases of abuse of the right, distinguishing it from omission.
The thesis recommended several recommendations, the most important of
which: the inclusion of the theory of abuse of the right as a constitutional
principle as a guarantee of freedoms and rights and the need to include
more legal provisions to prevent or limit the abuse of the procedural right,
With the necessity of establishing a procedural penalty or penalty that
prevents arbitrariness automatically procedures or sanctions that reduce
adversaries' arbitrariness in proceedings, with controls; to reduce
arbitrariness.