The theory of nullity in the Jordanian Civil Procedure Code

Abstract

This study aimed at analyze the theory of nullity and establish its rules in the Jordanian Civil Procedure Code, in order for the procedural work to proceed in a sound legal manner. The researchers used the descriptive analytical approach based on depicting and highlighting the current situation and status of the problem of the study from all its aspects, Therefore, it was necessary to analyze the theory of nullity in some detail, especially that the intervention of the legislator in the litigation procedures led - in practice - to prolong the conflict in the courts and the accumulation of cases, and this is a presumption of the ineffectiveness of the nullity theory in the Code of Civil Procedure. Therefore, it was necessary to establish clear rules for the theory of nullity as one of the procedural penalties, as this constitutes a guarantee of respecting the form drawn by the law for procedural work, in order to reach the substantive right in the simplest, fastest and least cost manner. Based on the results, the researchers recommended the Jordanian legislator to adopt the theory of invalidity to reach its goal in procedural legislation that the legislator differentiate between legal texts, explicitly stipulating invalidity in the cases in which he wants to impose the penalty of invalidity, and the criterion in judging invalidity is the failure to achieve the purpose of the procedure, not the damage as It is contained in Article (24) of the Code of Civil Procedure, with the requirement of damage twice. Rather, the Jordanian legislator must re-divide Article (24) of the Code of Civil Procedure into paragraphs that specify the effects of invalidity on the procedural actions prior to and subsequent to the invalid procedure.