Challenges in the Practical Implementation of the Code of Civil Procedure

The Code of Civil Procedure, despite its importance in regulating the course of litigation, presents numerous practical challenges that have caught my attention. The first thing that strikes me is the dominance of formalities over substance: a minor defect in the statement of claim or in the service of process can result in the complete dismissal of an otherwise well-founded right.

Next is the protracted duration of litigation, where legitimate appeal rights are transformed into tools of delay by bad-faith opponents. The service of process on opposing parties remains a weak link, relying on slow, traditional methods despite early steps toward electronic transformation.

Even after a judgment is rendered, a new battle begins: enforcement. A final judgment does not guarantee actual recovery of the right. As for digitalization, it remains an unfulfilled promise, with core procedures still held captive by paper-based methods.

Taken together, these challenges make litigation a lengthy and costly journey, sometimes far removed from its original purpose. My critique does not deny the value of the law, but rather calls for its review and continuous development.

Simplifying procedures, reducing formalities, accelerating enforcement, and completing digitalization are essential steps to bring justice closer to its true purpose.

Salem Hamed Al-Harji

College of Business Studies – Law Major