Arbitrariness to postpone the hearing

Section: RESEARCH
Published
Aug 4, 2025
Pages
338-382

Abstract

Abuse of right becomes one of the general theories predominating all branches of law. This theory argues that the legal determination of rights and the means for protecting them have not been sufficient for achieving security and stability for legal formalities and centres among individuals. Indeed there must be means ensuring the use of these rights according to the scope and limits of use.Therefore one may use his right in a way that causes harm to others; it is considered abuse of right but in a way that contradicts the end drawn by law for such right. Hencethe one using this right is called as abusing the right. Abuse in pleading is deemed to be a more serious danger on rights in that it causes an increase in expenses and waste in time as a result of slow procedures due to the repetition of postponement resulting from mere procrastination deemed to be its abuse causing harm to the parties.

References

  1. Dr. Naguib Ahmad Abdullah Al-Jabali, Abuse of the Right to Work, Modern University Office, Sana'a, 2006.42. Dr. Wagdy Ragheb, The General Theory of Judicial Work, Vol. 1, Al Ma'aref Establishment, Alexandria, 1974.
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