كتاب شرح قانون المسطرة المدنية في ضوء القانون المغربي، الجزء الأول، تأليف الدكتور مأمون الكزبري والدكتور ادريس العلوي العبدلاوي pdf

كتاب شرح قانون المسطرة المدنية في ضوء القانون المغربي، الجزء الأول، تأليف الدكتور مأمون الكزبري والدكتور ادريس العلوي العبدلاوي pdf

كتاب شرح قانون المسطرة المدنية في ضوء القانون المغربي، الجزء الأول، تأليف الدكتور مأمون الكزبري والدكتور ادريس العلوي العبدلاوي pdf

كتاب شرح قانون المسطرة المدنية في ضوء القانون المغربي، الجزء الأول، تأليف الدكتور مأمون الكزبري والدكتور ادريس العلوي العبدلاوي pdf

الدكتور إدريس العلوي العبدالوي

يعتبر الدكتور إدريس العلوي العبدلاوي أول شاب أحرز على لقب الدكتورة من كلية الحقوق بجامعة محمد الخامس، بعد أن تسلق في سلم الشهادات الجامعية حيث نال من نفس الجامعة الإجازة في الحقوق سنة 1962 ودبلوم الدراسات العليا سنة 1965، وأحرز على شهادة دكتورة الدولة في الحقوق بميزة حسن ، وقد أحرز على هذه الشهادات بدرجات جيدة خولته أن يكون مدرسا كفئا بكلية العلوم القانونية والاقتصادية والاجتماعية وأستاذا محاضرا بالمدرسة المغربية الإدارية منذ سنة 1963 حتى الآن، وقد انعكست جهوده في حقل التأليف في الكتابين اللذين نتولى تقديمهما للقارئ الكريم ومن المنتظر أن يصدر قريبا الجزء الثاني لهذين المؤلفين حيث سنتولى تقديمهما بحول الله.     

                                                              
شرح المسطرة المدنية في ضوء القانون المغربي   

                                         
هذا المؤلف كما ذكرنا تعاون في تأليفه الدكتوران إدريس العلوي ومأمون الكزباري وهو يتكون من حوالي 600 صفحة وزعت بين موضوعات ثلاثة هي: 

إقرأ أيضا :  حمل تطبيقنا وثبته على هاتفك الآن لتتوصل بمستجدات الساحة القانونية والقضائية ،الماستر والوظيفة والمزيد


الأحكام وطرق الطعن، والتحكيم، وكل موضوع من هذه، يشكل قسما خاصا في الكتاب، وقد وزعت الأقسام الثلاثة إلى أبواب وفصول ومباحث وفقرات اعتمد المؤلفان في تحليلهما على نصوص التشريع المغربي الصادر في نطاق المسطرة المدنية،    


كما استشهد في شروحها لكثير من القضايا بأقوال الفقهاء وأحكام المحاكم واجتهادات القضاء المغربي والسوري واللبناني والمصري والفرنسي ، وقرارات المحاكم وتطورها بحسب الزمان والمكان والأشخاص. وبما أن الدراسة التي يشتمل عليها هذا الكتاب حلقة متصلة الأجزاء يشد بعضها بعضا لا يمكن اختصارها ولا الاكتفاء منها بموضوع دون آخر لأنها مبنية على مواد ونصوص فإنه من الصعوبة بمكان   بالتحليل في هذا التقديم ، ولذلك سنسلط الأضواء فقط على الجانب الذي يقرب معنى قانون المسطرة المدنية إلى الأذهان:      



إن الدولة في العصر الحاضر لا تجيز للأفراد اقتضاء حقوقهم بأيديهم عن طريق القوة وإلا استحكمتهم الفوضى، ولذلك فمن يدعى حقا قبل الغير عليه أن يلجا إلى القضاء للمطالبة بما يدعيه. إذن فالقضاء أصبح وظيفة أساسية في الدولة يتولى حل النزاعات التي تنشأ بين الأفراد والجماعات في المحاكم. وهكذا أصبح للأحكام القضائية قوة خاصة في فض النزاعات عن طريق التنفيذ القهري.   

إقرأ أيضا :  الحق في الحصول على المعلومة ''اكسجين الديمقراطية ''

  
وقانون المسطرة المدنية ، قانون يعنى بدراسة الأحكام وشروط إصدارها وشكلها وأركانها الأساسية وطرق الطعن فيها وتسببيها من الناحية الشكلية وآثار هذه الأحكام.         

           
والأحكام عادة لا تصدر إلا بعد دراسة نقط النزاع وتمحيصه والاطلاع على أقوال الخصوم ومستنداتهم ونتائج التحقيق ، وبعد تبادل الآراء بين القضاة والرجوع لما اعتمد عليه الخصوم في دفاعهم من النصوص وآراء الفقهاء، وهذه المرحلة التي تجتازها القضية بعد إقفال باب المرافعة فيها وتهيئها للحكم تسمى فترة المداولة ، ولكي يضمن المشرع عدم تحيز القضاة في قضائهم ، وكذلك عنايتهم في تقدير ادعاءات الخصوم وفي فهم ما أحاط بها من مسائل قانونية فقد أوجب تسبيب الأحكام حتى تتمكن محكمة النقض من أداء مهمتها الممثلة في مراقبة أحكام المحاكم والسهر على حسن تطبيق القانون ولذلك قيل بأن محكمة النقض تحاكم الأحكام لا الأشخاص.

من كل ما تقدم يتبين للقارئ أن قانون المسطرة المدنية(1) هو مكنة الحق ووسيلة الحصول عليه ولذلك نجد الفقهاء الحقوقيين يعطن تعريفات كثيرة لهذا الفرع من القانون الخاص، فنجد بعضهم يعرف قانون المسطرة المدنية بأنه ” مجموعة من القواعد التي يجب على المحاكم تطبيقها وعلى المتقاضين إتباعها توصلا إلى العدالة في حسم النزاع بينهم ” وعرفه فقيه آخر ( بأنه القانون الذي ينظم القضاء والتقاضي ).

إقرأ أيضا :  قراءة في القانون المنظم لمهنة التراجمة المقبولين لدى المحاكم 50.00

أما الدكتور علي الزيني الذي كان عميدا لكلية التجارة بجامعة القاهرة فقد عرف قواعد قانون المسطرة المدنية بقوله : ” القواعد التي يشتمل عليها قانون المسطرة تنقسم إلى قسمين: أحدهما يتعلق بالاختصاص أي بتوزيع السلطة القضائية التي تملكها الدولة في المحاكم المختلفة التابعة لها سواء بحسب قيمة الدعوى، أي نصابها، أو بحسب نوعها أو بحسب مركز الحكم، والآخر خاص ببيان الإجراءات التي تتبع في رفع الدعوى للمحكمة المختصة بالنظر والفصل فيها وكيفية السير فيها من وقت رفعها إلى تنفيذ الحكم الصادر فيها تنفيذا نهائيا..” 

قراءة الكتاب أونلاين كما يمكنكم تحميله بالأسفل


فيديو يشرح طريقة التحميل

‫282 تعليقات

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