THE POWER OF THE JUDGE IN THE LEGAL DESCRIPTION OF THE CONTRACT
Journal: International Journal of Civil Engineering and Technology (IJCIET) (Vol.11, No. 7)Publication Date: 2020-07-31
Authors : Raqiya Abdul Jabbar Ali Mohannad Quniebi;
Page : 29-40
Keywords : Rammed Earth; Seismic; Dumping’s Coefficient; RPS 2011; Spectrum Response;
Abstract
It is the power of the judge to give the disputed legal action the proper name or legal description The problem of the research is to shed light on the role of the judge in giving the legal description of the contract and the extent to which it is subject to the control Appeal Court, whether it is a matter of fact or of law On the methodology of the research, we followed the descriptive analytical approach, which is based on analysis of legal texts and jurisprudential views As for the research plan, the research has been divided into two sections. We explain in the first part about the concept of the judge's authority in giving the legal description of the contract. In turn, it is divided into three chapters. The first is the definition of the power of the judge in the legal description of the contract, the second on the importance of this authority and third, the distinction between such power and similar situations The second section contain the limits of the judge's power to give the legal description of the contract and the extent of the control of the Court of Appeal on this authority, which is divided into two chapters also, the first on the extent of the judge's power to give the legal description of the contract and the second is about the Court of Appeal control of this authority and the conclusion, which includes the most important findings and recommendations
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