Realization of Procedural Purpose, Means of Formalities, and Exemption from Sanction: A Study in Libyan Civil Procedure Law (Tahqiq al-Ghayah al-Ijrā'iyyah wa Wasilat al-Ashkāl - wa al-I'fā' min al-Jazā': Dirāsah fi Qānūn al-Murāfa'āt al-Lībī)

Dirāsah fi Qānūn al-Murāfa'āt al-Lībī)

Abstract

THE FRAMEWORK OF THIS STUDY INCLUDED THE TOPIC OF ACHIEVING THE PROCEDURAL PURPOSE - THE METHOD OF FORMS AND EXEMPTION FROM PUNISHMENT, A STUDY IN THE LIBYAN PROCEDURE LAW, IN WHICH WE DEALT WITH THE IDEA OF “ACHIEVING THE PURPOSE OF THE INVALID PROCEDURE”, AS SOME PROCEDURAL LEGISLATION RELATES THE FORM OF THE PROCEDURE TO ITS PURPOSE, AND IT IS DECIDED THAT IT IS NOT INVALID IF IT IS FULFILLED. THE END OF THE WORK.

WE DISCUSSED HOW THE LIBYAN PROCEDURAL LEGISLATOR DID NOT CODIFY THE IDEA OF THE PURPOSE AS A CRITERION FOR INVALIDITY, BUT IT OVERLOOKED THE NULLITY IN THE FORM OF THE PROCEDURE - AND EXPLICITLY IN SOME CASES - IF IT ACHIEVED THE INTENDED PROCEDURE, AND WE DIVIDED THIS STUDY INTO TWO TOPICS. THE FLEXIBILITY OF THE PROCEDURE, AND THE ANALYSIS OF THE TWO IDEAS OF HARM AND THE ESSENCE OF THE PROCEDURE, AND IN THE SECOND TOPIC, WE DEALT WITH THE DIFFERENCE BETWEEN ACHIEVING THE PURPOSE OF THE PROCEDURE AND THE PURPOSE OF THE FORM, AND FINALLY THE IDEA OF OVERLOOKING THE DEFECTIVE PROCEDURE AND EXEMPTION FROM NULLITY.

WE DISCUSSED THROUGH IT HOW PROCEDURAL INVALIDITY FLUCTUATES BETWEEN TWO NECESSITIES. THE FIRST IS THAT THE RULES OF LAW THAT DEFINE THE FORM ARE UNDOUBTEDLY LEGAL RULES, AND FOR THIS THERE IS A DUTY TO RESPECT THAT CALLS FOR IMPOSING THE PENALTY WHEN VIOLATING THEM, AND THE SECOND IS THAT PROTECTING LEGAL RIGHTS AND POSITIONS REQUIRES NOT ADHERING TO FORMALITIES