د. ثامر إسماعيل حسين مُلكية الخُصوم للخصومة ــ دراسة مقارنة

Abstract

The principle of ownership by the litigants of the litigation, which in turn makes the litigation an absolute property of the litigants, so they alone have the right to direct and direct it according to their will, As for the judge has only to monitor the dispute and announces the final result as decided by the litigants, and the judge here is  then nothing but a driving force without the slightest influence in the litigation, until the problems and disadvantages of this system aggravated and led modern legislations to looking for an alternative system for achieving a balance between the private interests of the opponents and the role of the judiciary, which represents the third authority in the modern state.