Libyan judicial declaration: between tradition and modernity

Abstract

Judicial organization in modern legal states relies on a set of fundamental constitutional and procedural principles, foremost of which is the principle of confrontation (adversarial principle) and the right to defense. This principle imposes a legal obligation on the judge to enable the parties to the litigation to be aware of each other's claims and defenses. The objective of this is to ensure and achieve certain knowledge of the lawsuit through standard procedures, specifically the "notification of the statement of claim" (service of process), as it is the primary guarantee for the proper initiation of the litigation.

 Despite the historical importance of traditional notification methods, the current practical reality—coinciding with the technological revolution—has proven the inadequacy of these means alone to achieve their intended purposes, due to the delays or procedural difficulties that hinder the course of justice.