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An-Najah University Journal for Research - B (Humanities)

DOI

https://doi.org/10.35552/0247.38.8.2239

Abstract

This study aims to address the deficiencies within the Jordanian legal framework on the withdrawal of final judicial decisions. The issue arises from the absence of provisions in the Jordanian Code of Civil Procedure regulating the concept of withdrawing a judicial decision, specifying its conditions, procedures, and the competent court for retracting a procedurally defective judicial decision for which the litigants are not responsible. Additionally, the law does not stipulate a legal timeframe within which a request to withdraw the judicial decision must be submitted, nor does it outline the legal consequences resulting from such a decision. By employing a descriptive-analytical methodology, to answer research questions: What are the criteria for withdrawing a final judicial decision under Jordanian legislation? What are the procedural mechanisms for such a withdrawal? Which types of errors justify the withdrawal of a final judicial decision—substantive errors or procedural ones? Does the Court of Cassation, which issued the final decision, possess the authority to withdraw its ruling proprio motu, or must the interested party submit a formal request? The study concludes with several key findings. Notably, the Jordanian Court of Cassation has established the foundational principles for the theory of withdrawing judicial decisions. It has outlined legal criteria for withdrawal, including the presence of a procedural error not caused by the parties but by the trial court, provided that such an error significantly impacts the resolution of the dispute. The Court has also imposed restrictions on the authority to withdraw a procedurally flawed decision, stipulating that corrections should address procedural defects without altering the substantive legal positions of the parties. If the court has adjudicated the dispute substantively, withdrawal is not permissible. The study recommends that the Jordanian legislature adopt provisions similar to those in Egyptian law, explicitly incorporating the principle of judicial decision withdrawal within the Jordanian Code of Civil Procedure

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