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Accidental requests as a way to promote the lawsuit in Egyptian law (a total search)

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Accidental requests as a way to promote the lawsuit in Egyptian law (a total search)

Accidental requests as a way to promote the lawsuit in Egyptian law (a total search)

Accidental requests as a way to promote the lawsuit in Egyptian law (a total search)

Accidental requests as a way to promote the lawsuit in Egyptian law (a total search)

* Incidental requests are one of the ways to promote the lawsuit in the Egyptian legislation after the filing of the lawsuit newspaper the Registry of the Court (the original way to promote the lawsuit), even if raising the lawsuit in the Egyptian law has made the Egyptian constitution a firm right for the plaintiff by depositing its newspaper, the Registry of the book “M 63 civil pleadings” However, it has also allowed the plaintiff above him to upgrade the lawsuit by submitting his bidder’s applications, and also allowed the (interventionist) third party to submit his suitor’s requests.
* In the jurisdiction of the court with regard to incidental requests, the court of first instance or a partial court may specialize in the consideration of interlocutory applications, and just as the bidding requests have limitations, rules and procedures for submitting them.

إقرأ أيضا:قصة صاحب أغرب قضية في المحاكم السعودية

** What we offer will be shown to you in detail in the following lines:

Accidental requests as a way to promote the lawsuit in Egyptian law (a total search)

Firstly. What is the definition of an incidental application (interlocutory applications) in the Egyptian constitution?
– Bidder’s demand: is the request that is provided by the plaintiff or the plaintiff above him or by third parties who interfered during the course of the litigation and includes a transfer, increase or decrease in the original request, or it can make a request corresponding to the original request. .
The incidental claim as a procedure for filing the lawsuit is affiliated with the filing of the lawsuit by depositing its newspaper Registry book (the original way for filing the lawsuit)
Second: The occasional requests (the occasional demand) as a way to file the lawsuit in the Egyptian constitution.
Articles 123, 124, 125,126 of the Egyptian Code of Procedures 13 of 1968 stipulate that “
Article 123: The occasional requests from the plaintiff or the suspect are submitted to the court by the usual procedures for the promotion of the case before the day of the session or by an application that provides its hearing in the session in the presence of the litigant and is confirmed in its minutes.

إقرأ أيضا:The second man’s marriage experience. When and why does man use it?

Accidental requests as a way to promote the lawsuit in Egyptian law (a total search)

Accidental requests as a way to promote the lawsuit in Egyptian law (a total search)

Article 124: The plaintiff may grant from interlocutory applications:
1- What includes the revision of the original request or the amendment of its subject matter in order to face conditions that have arisen or have been identified so far, the pride of the case
2 – What is complementary to the original request, or is related to the above, or related to a communication that does not accept distribution.

3- What includes adding or changing the cause of the lawsuit, along with the original claim article staying on it.
4- Requesting the matter due to a conservative or temporary action.
5- What the court authorizes to present, which is related to the original request.

Article 125: The plaintiff above may submit from the interlocutory applications:
1- Call for judicial clearance and request a judgment for compensation for damages he suffered from the government lawsuit or whoever did it.
2 – Any invitation that results in his response not to rule by the plaintiff for his or her general or some requests, or to make him bound by a restriction for the benefit of the accused.
3- Any petition related to the governmental lawsuit is a communication that does not accept distribution.
4- What the court authorizes to present, which is related to the original case.

إقرأ أيضا:صيغة استئناف قضية عمالية

Accidental requests as a way to promote the lawsuit in Egyptian law (a total search)

Accidental requests as a way to promote the lawsuit in Egyptian law (a total search)

Article 126: All beneficiaries may intervene in the summons, joining one of the litigants, or requesting the judgment for themselves with an application related to the case.
Interference with the usual measures for the promotion of the case shall take place before the day of the session or by an application that is presented at the session in the presence of them and fixed in its minutes.
** In that regard, he aims to present the interpretation of the previous articles. We answer the following questions:
Q1. What is the lesson from the law of cross-applications in the Egyptian constitution?
The lesson of the occasional request law as a way to file the lawsuit in the Egyptian pleadings legislation is the superiority between two criteria, the first of which is the absence of change and concern over the principle of litigants’ concern and freedom of custody, and the second is to facilitate the litigants and provide time to spend at the hands of deciding the litigants in one case.
Q2. What are the conditions for submitting incidental applications (casual application) as a way to file a lawsuit in Egyptian law?
– It is required to accept the lawsuit by way of interlocutory applications or the occasional request in the Egyptian pleading legislation submitted by the plaintiff or the plaintiff above him or by the third party:

1- A statement on the subject of Article 3 civil pleadings of the determinants and rules for accepting the lawsuit, which is the characteristic, the eligibility, and the interest, whether it is a personal or potential interest.
2- That the bidder be granted before closing the pleading door (M123 pleadings).

Accidental requests as a way to promote the lawsuit in Egyptian law (a total search)

Accidental requests as a way to promote the lawsuit in Egyptian law (a total search)

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السابق
الطلبات العارضة كطريق لإعزاز الدعوي في القانون المصري (بحث إجمالي)
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