Catalogue Search | MBRL
Search Results Heading
Explore the vast range of titles available.
MBRLSearchResults
-
DisciplineDiscipline
-
Is Peer ReviewedIs Peer Reviewed
-
Reading LevelReading Level
-
Content TypeContent Type
-
YearFrom:-To:
-
More FiltersMore FiltersItem TypeIs Full-Text AvailableSubjectCountry Of PublicationPublisherSourceTarget AudienceDonorLanguagePlace of PublicationContributorsLocation
Done
Filters
Reset
8
result(s) for
"الأحكام (قانون مرافعات) اليمن"
Sort by:
تنفيذ الأحكام القضائية الصادرة ضد الدولة
2024
This study consisted of four chapters preceded by an introduction and followed by a conclusion, as provided by the researcher, including talk about the importance of research and the reasons for selection and chapters of the research method and others that are required by theses introductions. This study dealt with, in the first chapter, rules for the implementation of judicial rulings against the state. Eventually, it concluded that the problem does not lie in the lawsuit filed and accepted, and not in the powers of the judge, and not in the rule he issued, but it lies in the long time it takes to adjudicate the case in all levels of litigation and acquisition of the force of res judicata. It does not apply to execution against the State only if the rule became totally exhausting normal and non-regular remedies contrary to the provisions which are issued in the regular proceedings, then all this is matched to state's refusal to comply with this provision and its implementation.
The second chapter dealt with the study of the implementation of the primates forced against the state and its means. Eventually, it concluded that the various means of coercion, designed to carry the state to reverse its refusal to implement the court ruling issued against them, are with an uncertain outcome, That it has become associated with the good intention of the State to implement, as the rules of public finances and the lack of sufficient funds or lack of assets in the accounts of administrative bodies affect the fate of the implementation of sentences or their delay. It is well known and obvious that the key features which distinguish a modern civil state and the state of institutions and departments is its being subjected to various general rules of law and commitment to the implementation of judicial rulings and orders issued against them, This failure of the State for implementation is a source to create chaos and loss of confidence in them, which will lead to very serious consequences influencing the investment process and a flight of investors and national and foreign companies that find in the independence of the judiciary and the state commitment to court rulings the security valve on their money and a great incentive that provides a fertile soil and encouraging investment. The third chapter dealt with the study of images of the State failing to implement the rulings and its tactics and despite what means the Yemeni law invented so as to guarantee ensuring the effective implementation of judgments against the State. This means maybe exceeds the means of some other systems, but the breach of the state and its non-adherence to the provisions of the judiciary and its failure to implement and wasting its sanctity is still eye-catching phenomenon. It is clear to us in this chapter the state's use of these images and styles arguing and invoking it to justify its failure to implement. it is evidence of something then it shows that Yemen is not a legal state because the state of law is subject to the law in all aspects of its activity and in its legislative, judicial and executive powers and therefore may be closer to the totalitarian or police state. In the fourth chapter, the study addressed the reasons for failure of the State to implement the verdicts issued against it. Eventually, it concluded that the most important reasons that the state adheres to is the public interest and maintaining security and public order. If the state is the owner of the right in the fulfillment of the public interest, its sponsorship and protection, this right can not be invoked and used in a bad way, so that fulfilling the public interest or maintaining security and public order can not be a reason to reject the execution of the sentence or justification for the baseless breach and violation. The achievement of public interests can not be done by following illegal ways. The conclusion includes what the study contains and the findings the researcher accessed during the period of study such as results recommendations and suggestions, which sees the need to adopt the most important of them.
Journal Article