THE IDEA OF PURPOSE IN THE CIVIL PROCEDURE LAW (A COMPARATIVE LEGAL ANALYTICAL STUDY)
Journal of college of Law for Legal and Political Sciences,
2019, Volume 8, Issue issue 31 part 1, Pages 377-417
AbstractThe idea of purpose in the Procedures Code is one of the most important ideas in the field of procedural legislative instruments, which will soften the effect of judicial proceedings that do not conform to the legally defined model.In order for these procedures not to include nullification, the procedural legislation has stressed the need to legitimize the wrong procedures if the purpose is achieved, because the procedures are found to serve the substantive rights, the violation of these procedures should not cause the loss of substantive rights.Therefore, the idea of purpose is one of the effective means to reduce the seriousness of the principle of formality of procedures in judicial work, and the pursuit of effective Procedures apart from rigid unproductive frameworks .
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