Legal confrontation of abuse in the use of Civil Procedure-a study of judicial and legislative mechanisms to reduce the abuse of the right to litigation

Abstract

        Civil proceedings form the core of the justice system and its means the basis for Dispute Settlement, and its purpose should not be transformed from a legitimate means to a mechanism for arbitrary exploitation, as this represents a fundamental distortion in the climate of Justice . Our research targets the phenomenon of "arbitrariness in the use of civil procedure" as a judicial and social fact that weakens the effectiveness of the judiciary and undermines the right to access the desired level of justice; the study started from the conceptual foundation that evaluates arbitrariness by objective criteria, such as: I then moved on to exploring the manifestations of this arbitrariness in judicial practice and its multiple effects on adversaries, courts and justice resources, as exemplified by arbitrary behavior in retaliatory or intimidating proceedings, as well as repeated procedural requests aimed at disrupting the course of the proceedings, and methods of complicating the execution of sentences in order to blackmail the opponent or to burden him; this is due to the vacuum of early screening tools and the absence of deterrent sanctions—financial and procedural— which contribute to the spread of the phenomenon and nurture the climate of impunity.