المدونة أخر الأخبار من المبادرة، ومشاركاتها.

Civil remedy

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1 ديسمبر 2018

Civil remedy indicatesthe sanctions and procedures, that stated in civil statutes and regulations. It is used to reduce or prevent criminal incivilities and problems. 

Generally, civil remedies seek to convince or force the non-offending parties to take actions to stop orprevent criminal behaviours. Civil remedy examples always targeted the non-offending parties like; property owners, proprietors. The remedies of these abatement laws included fines, property forfeiture, padlocks/closing, and repair requirements.

Recently, civil remedies scope has widened beyond non-offending parties،it became directly targeted tothe offending parties such as; gangs, delinquent youths, and batterers. The civil remedies, which directly target offenders are: restraining orders, gang member congregations and injunctions against loitering are often intermediate steps that finally performed by the criminal sanctions like prosecution, arrest, and incarceration of offenders. 

Civil remedy divided into the direct remedy, indirect remedy, as well as cancellation remedy.

Direct remedy or specific performance: which is intended to obligate the guilty, to carry out its obligations, whenever such obligations are possible. This means that if a guilty person refuses to apply law voluntarily, he will be forced to apply it through the public authorities. For instance, if a car seller refuses to hand over the sold car to the buyer after he has paid all its price, the latter can recourse to court in order to obtain court judgment forcing the seller to hand over the car.

Indirect remedy (Compensation):is a penalty that takes the form of a sum of money paid by a person who have violated the legal rule to the person who suffered damage as a result of this violation. For example, if a store seller undertakes to its buyer not to open a similar store in the same area during a certain period of non-competition, and then the buyerbreaches his obligation, the seller is entitled to recourse to court to close this store with compensation for damages.  

Finally Cancellation remedy is a special form of civil remedies for legal conduct. When a legal act takes place in contravention of a rule of law, cancellation remedy appears to cancel such act and consider it as if it was not. 

Civil remedy differs from criminal and punitive remedy. Criminal remedy may result in violating the rules of criminal law, It is applied as a form of a punishment that varies in term of severity according to the different crime nature and severity.  It could be physical, as death remedy or be financial, and could be imposed on the freedom of the person as imprisonment. Criminal punishment is imposed for the benefit of the community, which is applied to protect the social system and the welfare of the public interest. punitive remedy is applied when violating  legal rules that governs civil service rules, examples of such sanctions are reprimand, warning or dismissal. This remedy is applied  by the administrative president of the violator not by the judiciary.

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اخر تعديل: 01 ديسمبر 2018 08:26 مساءً

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