vol 17 no 1,2017

The Time of Taising Public – Order- Irrelated Formal Defness According to the Jordanian Civil Procedures Law

Dr. Raed Sbooh
Faculty of Law , Zarqa University , Jordan
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Abstract:

In fact, the formal defenses are considered of the main defenses set by the Civil Procedures Laws as the same are related to the judicial system itself.

Actually, the Jordanian Legislator regulated such type of the formal defenses seeking to balance between two issues, namely stressing the formality and easing it. However, the Legislator differentiates between two types of the formal defenses, i.e. defenses related to the public order and defenses unrelated to the public order. In fact, the formal defenses relative to the public order do not raise any issue as they may be raised at any stage of the litigation by any party of the adversarial or by the court which is contrary to the formal defenses irrelative to the public order which raise some issues regarding the time at which they should be raised and the methodology and the measures set for conducting the same.

Hence, the Jordanian Legislator tended to lay down a general rule that would be applicable to the said formal defenses which are irrelative to the public order and drew a specific manner for some types of the said formal defenses by which the same should be raised before going through the subject matter of the case through a separate petition within the legal term stated upon in article (59) of the Civil Procedures Law while the Court has been obligated to decide in the matter of the said defenses at the first stage.

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