The impact of legal formalism on proving rights

Abstract

Legal formalism is one of the most important principles that are concerned with taking into account the organizational aspect of laws when contracting or judicial procedures when filing lawsuits before the judiciary, whether in terms of determining the judicial jurisdiction of the competent court to consider the dispute or the procedures and deadlines that should be taken into account when filing the lawsuit.

In fact, there is another type of formalism, which is the contractual formalism that the contracting parties agree upon. It is known that formalism plays a major role in maintaining order in general and preserving and taking into account the organizational aspect of applying the law and taking into account its procedures.

But the law has been enacted to preserve rights from loss and protect the weak party in transactions and regulate the relationship between people to regulate procedures, whether they are legal formalities that regulate contracting or procedural formalities that regulate litigation procedures.

Violating this formality results in the invalidity of the procedure and thus the loss of the right for which the formality was enacted to preserve and regulate its procedures, and thus the means prevail over the goal.

Here lies the importance of the research in setting controls for the formality to benefit from it without resulting in obstructing the judicial claim or slowing down the procedures or invalidating the action through what we will explain in our research.