Law and provisions

Civil Procedure Law: in Jordan

Civil Procedure Law in Jordan - Jahed

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Public Law

It is also called common law and refers to the legal school whose roots go back to the legacy of English law, and which was characterized by relying on case law as a binding source of legislation, known as unwritten customary law, and takes into account the interests of all individuals and unlike it is called private law.

The designation of common law dates back to the period of the Norman conquest of England in 1066 AD, when special laws based on custom were applied, governing each of England’s provinces, and the Norman kings worked to establish the common law, and it became binding for England to apply it to all provinces.

private law
Private law is defined as: “a set of legal rules that regulate private relations between individuals themselves on the one hand, or between individuals and the state as a private individual on the other hand.” The private law is divided into several branches: civil law, commercial law, maritime law, air law, and labor law The Civil Procedure Law, and the Private Law, therefore, the Jordanian Civil Procedure Law, and its extent related to public order, will be clarified and it is a formal law.

The extent to which the rules of the Civil Procedure Law relate to public order
The rules of the Civil Procedure Law relate to public order. No party to the lawsuit or judges is permitted to violate it. The litigants are not permitted to agree on the court that is competent to hear the case. Nor are they allowed to choose the procedures that must be followed before the courts. Therefore, everything related to the rules of litigation The proper functioning of justice is considered a public order, it is not possible to agree on it, and there are other rules in the Code of Civil Procedure that are not considered public order, i.e. it can be waived: such as reporting and appealing rulings, however all the rules of this law are binding on litigants and litigation as any rule Jan Other intention.

The Code of Civil Procedure is a formal law
The Code of Civil Procedure is considered a formal law, and this means that all of its rules are subject to a basic rule, which is respecting the form that the legislator has drawn up for these procedures, and that this formalism is found in the interest of the judicial work and its organization, and therefore if any action is taken in a manner contrary to the invalidity of this procedure and the failure to Its order of any effect, and of the formalities stipulated in the Civil Procedure Law are the notification, whereby this notification of the case must take place at the required location, and if the notification is made in a location other than that, this is considered null if the complainant invokes it.

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