نحو تنظيم قانوني لسحب الحكم القضائي في التشريع الأردني

Abstract

The study focuses on the issue that the Jordanian legislator did not organize the theory of withdrawing the judicial ruling as a general theory in the Code of Civil Procedure in terms of its conditions, controls, and procedures, the competent court to withdraw the ruling, the legal time limit during which the withdrawal request must be submitted, and the legal implications of the withdrawal.

The study concludes that the legislative basis for it can be found in Article (204/2) of the Code of Civil Procedure, which stipulates one of the applications of the theory of withdrawing the ruling, which is to review the decision of the Court of Cassation or the decision issued to refuse to grant permission in form. However, the withdrawal of the ruling has a broader scope than reconsideration because reconsideration is limited to the judgments issued by the Court of Cassation. In contrast, the withdrawal of the judgment extends to include the judgments issued by the trial court, such as the Court of First Instance and the Court of Appeal, if they are final and not subject to appeal if the conditions for withdrawing the judgment are met.

The study also concluded that there is another application of the theory of withdrawing the ruling represented in Article (133) of the same law, which stipulates the invalidity of the judicial ruling and the possibility of its cancellation and reconsideration in the event of the existence of a case of the incompetence of the judges. Whereas, the Jordanian Court of Cassation, as a judicial precedent, has adopted the theory of withdrawing the judicial ruling and has set a set of legal conditions for that, represented in the fact that the error justifying the withdrawal is a procedural error, not a substantive one, that it is influential in the dispute, that the litigants do not cause it, and that there are no other legal means to remedy this error.

The study recommends that the Jordanian legislator organize the theory of withdrawing the judicial ruling within the Code of Civil Procedure as an updated general procedural theory and codify it within legal texts regulating its legal terms and conditions, controls, methods of withdrawal, and the legal effects arising therefrom.