الملخص الإنجليزي
A malicious lawsuit is a lawsuit filed without a real intention to obtain compensation or prove a right, but rather with the aim of harming the defendant and harming him morally or materially. These claims are characterized by the lack of sufficient evidence to support them, and that they are based on bad faith and malicious purpose, so; This research aims to study the malicious lawsuit and its impact on the judicial system and its officer and the measures taken to limit its misuse, by explaining the concept of the right to litigation, and how this right can be abused, setting controls and preventing the use of the right to litigation in these malicious lawsuits, and how to develop appropriate solutions to ensure The defendant or injured party obtains his right to appropriate compensation as a result of the harm he suffered, and determines preventive and remedial means to limit malicious lawsuits.
this; The researcher followed the analytical and comparative approaches in order to analyze the research problem, where he highlighted the legal aspects related to malicious lawsuits and means of reducing them, to reach the best solutions that can be used and applied in the legal field.
The research reached a set of results: A malicious lawsuit is an exploitation of an individual’s right to litigation and knowledge of legal systems and rules to make false accusations with the aim of achieving illegal interests, whether to pressure the opponent to concede or to obtain illegal gains. The malicious lawsuit officer is necessary to guarantee the right to litigation and protect justice from arbitrariness, and the judiciary must play a major role in combating the phenomenon of malicious lawsuits. Malicious lawsuits can be reduced by imposing precautionary measures such as imposing judicial fees when registering lawsuits or even not accepting the lawsuit or imposing remedial measures. Such as imposing a fine or awarding compensation to the injured person for the damages he suffered as a result of this malicious lawsuit.
The research reached many recommendations, including limiting the conduct of careful investigations to anyone who files a malicious lawsuit or resorts to malicious defenses to prolong the conflict because it preoccupies the judiciary and the other party without fault. That the legislator amend the special laws to include amending the value of compensation for the damages arising from the lawsuits. malicious actions, and the necessity of combating malicious lawsuits. Given the rapid development, graphic analyzes and artificial intelligence should be used to monitor and analyze models of suspicious legal behavior and confront malicious lawsuits.
