The power of the court and the litigants to dismiss the civil lawsuit " Comparative study "

Abstract

Abstract: There is no doubt that the subject judge, while examining the civil case, will face several defenses, whether those raised by the litigants or raised by himself, because the defenses are those procedural means that the legislator made available to the opponent to respond to his opponent’s requests, whether they were related to litigation procedures or not. Directed to the subject of the claimed right or related to the case, and that the judge, with his discretionary power, enables him to settle these disputes in order to reach the settlement of the case in the midst of this midst of procedural rights, as he must have the necessary powers that enable him to reach the actual truth. The discretionary power of the judge is considered one of the features of the modern state based on the principle of separation between the three powers, and after drawing lessons from human experiences, which showed the urgent need for the independence of the judiciary, and then strengthening this independence by granting the