Impact of Procedural Solutions on Jurisdictional Res Judicata
Dr. Yasser Bassem Thanon Al-Saba’wi
Associate Professor of Evidence and Civil Procedure Law
College of Law – Kalba Branch – University of Sharjah – UAE
Abstract:
This study studies addresses the issue of procedural solutions and their impact on Jurisdictional Res Judicata. In this sense, the concept of procedural solutions corresponds to the concept of exceptionality, so that the term procedural solutions go to the state of extraordinary or exceptional status in a civil action. This extraordinary character does not deny the right holder or legal status the normal status in the case, noting that solutions must be achieved prior to the judgment in the civil proceedings. This occurs within the framework of the relative rule of judicial judgments and respect for res Judicata in a set of comparative legal systems reinforced by jurisprudence and judicial applications in several countries, including French, Egyptian and Iraqi laws, regarding these as main legislation, whenever possible.
The study comprises two sections. The first concerns the definition of procedural solutions and second one handles the effect of procedural solutions on res judicata. Following close analysis, some conclusions have been made including the difference existent between procedural solutions and procedural extension, reflected in the need for the latter to be third-party while the same was not necessary for procedural solutions. In addition to the difference sought by the case of procedural representation, the solution has a status in the case other than in procedural representation.
The researcher puts forward a number of recommendations. These include a call for the Iraqi legislator to formulate a general theory of procedural solutions in the civil case, provided that these are stipulated in the Civil Procedure Law so that the texts contained in it would be the general reference wherever its applications were received, whether in litigation or liability of execution.
Keywords: Exceptional, Procedural Extension, Procedural Representation, Proportionality of Judicial Judgments, Final Judgments.