_{Edited by canva}

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Part I

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A. Choose a law from your country and explain why you consider it a Procedural Law or part of Procedural Law.

The Tunisian Code of Civil and Commercial Procedure is one of the fundamental laws of the judicial system in Tunisia, falling within procedural law, it establishes the rules which govern the functioning of civil and commercial courts, this law regulates the mechanisms allowing citizens to assert their rights before the courts, it defines the steps to be taken, from the submission of a request to the execution of a judgment.

This Code is essential to organize the interactions between the judge and the parties involved, guaranteeing a fair process, for example, during a debt recovery action, it details the stages, deadlines and obligations of the parties, as pillar of procedural law, it aims to protect the rights of citizens while promoting rapid and effective resolution of disputes, according to clear and uniform rules.

B. I pointed out which of the principles of procedural law are present in that law and why.

The principle of equality ensures that all parties, whether plaintiff or defendant, enjoy the same rights and opportunities during trial. This includes the opportunity to present evidence or challenge the decision on an equal footing. This principle is reflected in the courts’ commitment to providing impartial and fair justice at every stage of the process.

The principle of legality requires that each stage of a trial respects the rules established by law, procedural acts, such as filing a motion or lodging an appeal, must comply with legal requirements, this principle ensures that the courts act within the strict framework of the law to guarantee legal certainty and avoid abuse.

The principle of publicity states that civil and commercial trials must be accessible to the public, unless considerations of public order or confidentiality prevent this. This principle promotes transparency and strengthens public confidence in the justice system, which is open to anyone interested, unless a judge decides otherwise to protect sensitive information.

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Part II

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Case study.
Mr. Ramírez rents a commercial premises to Mr. Pérez. But it turns out that Mr. Pérez has started using the premises as a home, a fact that was prohibited in one of the clauses of the contract.
Mr. Ramírez decides to go to court and demand the termination of the contract for breach of that clause. During the course of the lawsuit, Mr. Ramírez promotes a judicial inspection of the business premises to verify that Mr. Pérez is indeed using the premises as a home. The court agrees to the judicial inspection and sets the day, time and date for it to be carried out.

A.- According to what you saw in class, say which of the facts of the case identifies you with "Process" , which identifies you with "Procedure" and explain the reason for your answer.

In this case study, the concept of "Process" and that of "Procedure" are distinguished based on the actions undertaken and the mechanisms used in the dispute between Mr. Ramírez and Mr. Pérez.

The Process refers to the set of legal steps taken to resolve the conflict and obtain a court decision, in this case, the process includes the action initiated by Mr Ramirez when he decides to go to court to request the termination of the contract due to non-compliance with one of its clauses, this represents the set of steps necessary for the judge to examine the facts, hear the parties, evaluate the evidence and render a judgment, the process is therefore global and encompasses all the actions taken to resolve the dispute, from the filing of the application to the delivery of the decision.

The Procedure concerns the technical and specific steps provided by law to carry out this process, in this case, the procedure includes the request of Mr. Ramírez for a judicial inspection of the premises in order to prove that Mr. Pérez is actually using the premises for residential purposes, which constitutes a violation of the contract, the setting by the court of the date, time and terms of the judicial inspection is also part of the procedure, these stages are procedural acts defined by legislation to ensure that the judicial process is complies with the rules and results in a fair decision.

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Part III

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Case Study.
Mrs. Maria is driving a vehicle and its brakes fail and it crashes or collides with Pedro's vehicle, causing various damages. Faced with the situation and unable to reach an agreement, Pedro decides to sue Maria and files the claim in court and upon leaving the court he finds out that the vehicle is the property of Mr. Manuel.

According to what was explained in class, identify the procedural subjects and place them in each of the characters present in the case. Explain the reason for your answer.

In this case study, the different procedural subjects can be identified according to their role in the dispute and their relationship with the events described.

The requester (active subject):
Pedro is the plaintiff because he initiates the legal procedure by filing a complaint against Maria, as a direct victim of the damage caused to his vehicle, he has a clear legal interest which gives him the legitimate capacity to take legal action for obtain compensation.

The defendant (passive subject):
Maria is the defendant in this dispute because she was driving the vehicle during the accident, she is being sued by Pedro because of the damage caused by her driving and she must answer before the court for the facts with which she is accused, her role is to defend against the plaintiff's allegations.

The third party (third party subject):
Manuel is a third party in this case because he is the legal owner of the vehicle involved in the accident, although he was not directly involved in the collision, his relationship with the vehicle makes him relevant to the dispute, according to law procedural, its status as owner can be invoked to establish additional responsibilities, particularly in matters of insurance or material property.

Justification for these roles:
Pedro is qualified as plaintiff due to his procedural interest and his right to seek compensation for the damages suffered, Maria is the defendant due to her active participation in the accident, although Manuel's possible liability as owner of the vehicle can be examined, finally, Manuel, as a third party, can be involved to clarify the responsibilities linked to the ownership of the vehicle.

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Thank you very much for reading, it's time to invite my friends @lil.albab, @miftahulrizky, @heriadi to participate in this contest.

Best Regards,
@kouba01