Author
Abstract
Whatever the definition of law, it does not go far beyond: the set of rules governing or regulating social bonds, which individuals are forced to follow by force where appropriate). Thus, it serves as a fence that protects the interests and rights of individuals. The absence of law in society means disturbance and chaos, so the existence of law was necessary for every society because it is the basis of order in it.Because of the importance and necessity of the law, no society is devoid of legal rules (objective and formal) that regulate matters of life in it. This includes primitive societies, because we find its members have been called on a set of rules that emerged as a result of tradition and custom, and made them a basis for their common life. Rules What determines the relationship of family members to each other, including what regulates the ownership of money and land, and the exploitation and transfer of these funds and land after death, and what determines the illegal acts that inflict damage on others, and the impact. After a long development, the penalty moved from the idea of (individual retaliation) and revenge to the (optional Magistrate) and the idea of (the special judiciary), and then to the authorities of the state alone, and became the friendly compulsory, and came the role of (compulsory reconciliation), the state determines the amount Compensation, amount of punishment). In these stages, formal rules played their role with objective rules.In addition to the special bonds that arise between individuals and each other, there is a third type of association (public links) or (political links), because society needs a public organization, needs a higher body based on its head, to ensure the needs and work on To establish security and order in it, you need to give the authority to command and forbid it in order to perform its functions, and play some role in society. Hence the need to establish legal rules in regulating the form of the social body and the conditions that must be met by those in charge, and their rights to citizens, and the rights of citizens over them.Hence, the function of the law is to work to preserve the society, its security and the lives of its members, or in other words, to reconcile the activity of the members of the group with the establishment of order in society. Renewed and conservative tendencies, between public authorities and individual freedoms, and so on. In order for the law to fulfill its function and fulfill its desired role, the above things must be taken into account.If it fails to achieve one, it has not reached its intent, and the failure to achieve its function, and the inconsistency between the law on the one hand and the need and desires of society on the other, which leads to a revolution. Public opinion on legal systems).It is understood that legal rules are divided in substance into substantive rules and formal rules.The substantive rules establish an objective organization of legal relations.It sets out the rights and duties, and how they arise, use and expire, such as the rules of civil law, commercial law and constitutional law. As for the formal rules, it shows how the litigation before the courts arranged by the street, i.e. the method of filing the lawsuit, the method of defense, the dismissal of the lawsuit against the right, the method of proving or denying the rights of others and the procedures to be followed and followed. Thus, the formal rules were found together with the objective rules. The formal rules appeared to be strict in their first era, mixed with religious character, and then went through a long period of refinement, and some argue that the lack of transactions, especially in the old agricultural societies, required some publicity when concluding any Legal work, in addition to the human being in those stages of his development was more interested in the tangible than his interest in the realities of things, the important contracts were concluded only by the availability of formalism, if there is no lesson then the essence of the will). Then formalism has become a means to reach the right to the owner, to the end itself, and has become a necessary thing in the judicial process through the lawsuit, or as a means of proving legal action. Therefore, when the legislator put restrictions on some legal actions, but put the seriousness and importance, it must be surrounded by such formal controls to protect him from manipulation, denial or tampering. In this regard, the Explanatory Memorandum of the Egyptian Civil Procedure Law of 1968 states: (Also, while substantive legislation is the place of justice in its content and content, the procedural legislation is the mechanism of the road and the instrument. , Safe way, is not full of form and do not resort to it only obliged, it is really preserved or responded void).
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