The Rules of Justice and Good Conscience in the Civil Procedure Code 1983

Abstract

This research investigates the ideas of justice and good conscience in the Sudanese Civil Procedure Code of 1983; the importance of this research appears from the fact that it represents the two descriptive aspects concerning positive jurisprudence in the hope of arriving at scientific facts. The research has dealt with the legal rules and principles that can fill the gap in the absence of a text in the relevant special laws, in addition to addressing the meaning of the rules of justice and good conscience in the Sudanese legal system, in addition to the controls and standards that are used to determine their intended meaning, and an attempt to clarify their nature as sources of private Law in the absence of a text. The results of the research showed that there is a difference between the sources of the legal rule, the legal principles, and the goal that the Law aims to achieve and that justice is a goal that the Law aims to reach and not a source of the rule, it also has different meanings and connotations that vary depending on the legal systems and philosophies that they adopt. The results also indicate that the rules of good conscience do not create legal rules; their role is limited to determining legal principles. It also differs from the concept of common sense established by Islamic Law. The research results are reflected in the recommendation to amend the Civil Procedure Code by deleting the phrase "rules of justice and good conscience" from the text of Article 6/2 and Article 3/7 of the Code of Judgments of 1983. It is sufficient to refer only to the rules of Islamic Sharia, with the addition of the phrase (rules), to become the rules of Islamic Sharia to control the proficiency and legality of procedures. To achieve the objectives of this research, the researcher used the inductive, analytical, comparative, and objective methods, in addition to the textual method and its restrictions, which eliminates confusion and ambiguity when applied.