الاعتراض على الأحكام القضائية التجارية في نظام المرافعات الشرعية السعودي

Abstract

The objection is considered as the most important legal method of reviewing the judicial provisions. The Saudi legislator has specified in the Saudi Civil Procedure Law the grounds for objection either in the appeal, cassation or petition for reconsideration. Those grounds were presented as a whole and circular particularly the appeal. But this is what the researcher sees as a barrier to the achievement of justice in which it requires further clarification and disclosure. Also, it needs a disclosure of the legal nature of the objection to the Commercial Judicial Provisions and its methods in Saudi Civil Procedures Law for the year of 1435H- 2013G in addition to the Commercial Judicial Law for the year of 1441H – 2020G. Also, identifying the legal rules and elements of the judicial provisions, and indicating the legal relationship of those elements to the objection of the judicial provisions. So, in order to fill this gap, the researcher has pursued several methods to study this matter. First, using the extrapolation method by tracking and inducting the legal scripts of objection, the regulations, the circulars, and judicial provisions. Then, using the descriptive analytical approach to analyze the scripts that dealt with the provisions of objection and its rules, and trying to remediate the shortcoming that could be used against the judicial provisions legally and the importance of the research to the judges and lawyers. The researcher concluded that the grounds of objection by cassation and petition for reconsideration are limited, but the grounds of objection by appealing are unconfined. Moreover, the Saudi legislator has not mentioned the sanctions on many procedures such as invalidity in which it remediates the grounds for objecting to the related provisions. The study recommended the importance of issuing an explanatory memorandum for the Saudi Civil Procedures Law and the Commercial Judicial Law to avoid the jurisprudence or the jurisprudence in interpreting the scripts, and issuing a legal draft as an integrated project that contains the grounds for objecting to the judicial provisions.