• 1:09 PM
  • 04 December 2021

announced the first issue of the code of Judicial rulings

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  • announced the first issue of the code of Judicial rulings

announced the first issue of the code of Judicial rulings

The Ministry of Justice announced the first issue of the code of Judicial rulings, which contains a number of decisions of the Supreme Council of the judiciary as the highest judicial body in the Kingdom, and considers its decisions binding to the judges, as it contains a number of final court rulings issued by the courts, and the code has committed itself to include the text The decisions and judgments are complete, after deleting the names of the parties to the case and demonstrating them in order to preserve privacy and not affect the narrative of the judgement.
In the justice system, article “89 ” of the ministry’s competencies: the preparation of the sets of provisions selected for publication, and it appears from this text that the Ministry of Justice may choose some provisions and publish them according to a specific plan to achieve the basis of the purpose: to inform all about the procedures and rules of litigation in The courts, and the judgements handed down in the cases with the reasons for these provisions and its rationale, and it is not known that this code-which will be issued successively according to the Ministry of Justice-may be used as a scientific material for the research of fiqh, legal and even social in part, as stated in the same article that Competence of the Ministry: to draw the principles established by the Court of Cassation in its rulings or principles decided by the Supreme Judicial Council, and to have them indexed and catalogued so as to be easily referenced, and it is clear from the text of the article that these two functions are different so it is not necessary to publish a judgement to be a prescribed principle in the judiciary, nor It is prohibited for the Ministry, after issuing a set of codes, to extract what can be described in principle and then publish it as an abstract of judgement or decision.
This issue comes from the Ministry of Justice in the absence of a code of Jurisprudence/”civil law”, which increases the importance of the publication of judicial rulings, and the keenness of those interested in it, to indicate the direction that the Saudi judiciary takes in the cases that it has in perspective regarding the theory of the contract and the right, and the means of proof, The associated terms and conditions, rules of hands and compensation are therefore related to the dissolution of the family, as well as to the annulment, termination, maintenance and custody, and on the criminal side: The theory of the charge, how it is proven, the penalties, its estimation and so on.
I believe that this code will be followed by the issuance of sufficient numbers of them, and the extraction of the principles contained therein: a role in the establishment of jurisprudence and jurisprudence, which can be invoked and considered in the formulation of contracts, consultations and business dealings, and in my opinion that the real estate market is one of the most beneficial from the side of being A vast market where huge capital is managed in more than one investment vessel, and from the point of view of the real estate market sensitivity of the issues and its impact negatively when the case arose in the same property other than other trades in the movable, and finally to what I believe that there is a large percentage of real estate issues in the courts, and the agreement of the Judiciary – in the sentence – to take a unified statement in it, the first issue of this code included some of these provisions and principles and we will supply them in the future articles – hopefully-and comment on them.