Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Legal defences and their relevance to public order concept in Palestinian civil procedures law no. 2 of 2001

Author(s): Mohammed Ibrahim al Mashni, Yusramizza Binti md Isa, Nor Azlina Binti Mohd Noor

This article addresses the issue of legal defences in the Palestinian Civil Procedure Law and its relevance to the concept of public order. It does so by defining the different types and causes of defences and knowing the principle or rule followed in knowing whether the defence is related to the public order or not. The article also dealt with the implications of defences especially nullity of the procedures and the necessity to raise this defence by the court on its own at any stage of litigation before any court even before cassation court. Palestinian Civil Procedure Law has not set a clear standard lead judges to know which defences are related to the public order. This article proposes a set of recommendations to improve this law and litigation process before the courts by avoiding nullity of procedures and contradicting judgments, furthermore, save time and effort.

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