Compensation for abuse of the right of litigation (comparative analytical study)

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.