Problems of the formalities of judicial notification and methods of receiving it
Abstract
The right to resort to the judiciary is a constitutional principle that no one can grant to anyone else. The legislator has guaranteed this right to any person, regardless of his nationality, gender, religion, political or social affiliation. However, while the legislator has opened this door, he has also imposed on those who take it to proceed according to a specific and pre-determined path. The path drawn for the right to litigation is the lawsuit.
The legislator has determined precise mechanisms for this lawsuit according to legislative texts until it reaches the hands of the judiciary, and the judicial announcement comes at the top of these procedural controls, as it is said, there is no right without a judgment, no judgment without a lawsuit, and no lawsuit without an announcement. Due to its importance, the Libyan legislator has organized it in ten articles of the Code of Civil Procedure, and made nullity the penalty for violating it, but it is relative nullity in most cases, and the Supreme Court has many principles, most of which remove the ambiguity in the wording of the texts of the announcement articles, and others have increased the confusion of the text.
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