The concept of legal adaptation means choosing the correct legal description of the lawsuit, and the associated legal texts and rules that are consistent with the judicial case, so adaptation is the basis on which all the dependencies of the case are based, which apply the specified legal provisions and place the case within its judicial classification the correct.
Legal conditioning represents a major confrontation that must be well studied and prepared for law workers, since it is the beginning of the road towards the success of the case. The wrong adaptation of cases may affect the interest of the case owners, and the court’s rejection of the case.
Legal conditioning in international law means the difficulties of legal adaptation in international disputes, and the accepted trend in adapting disputes of an international character is according to the theory of the French jurist Bartin.
A legal qualification is issued by a person working in the legal field, and these positions include: lawyer, judge, investigator, whether representative or police, and legal advisors. Each has specific guidance from the start of a lawsuit, and through its path to court.
Legal conditioning is divided into two types:
Objective conditioning:
Where the facts are adapted in terms of the topic, for example: the incident of beating may be accidental, intentional, or may lead to death. Thus, the case is classified according to its topic, and the crime is adapted in terms of being a violation, misdemeanor or felony.
Conditioning in terms of content:
- Positive content: It is the classification of the incident as a crime.
- The negative content is that it is not classified as a crime, and therefore falls outside the scope of criminalization.
Legal conditioning:
It is he who determines the eligibility of the case, and highlights its importance and compliance with the court. The first task of the lawyer lies in determining the appropriate adaptation of the case that has been assigned to him. His task is specifically to classify the incident in accordance with the appropriate legal texts. If the adaptation is done incorrectly and does not fit the incident, this harms the interest of the client.
When the invitation goes to the Public Prosecution’s files, the investigator, after reviewing the documents and investigations related to it, and studying the case file, the legal qualification is assigned to it. It shows how important it is to determine the correct adaptation of the lawsuit, as any wrong description may lead to a legal error, which leads to an incorrect judgment and harm to the client.
Adjustment for the judge :
It is to give the appropriate legal name to the event, as judicial disputes consist of many productive and unproductive facts, and also include defense and attack means. The judge considers the presented requests and is committed to the adaptation of the incident, and the application of the correct legal rules corresponding to it.
Thus, the classification of adaptation is done through the applicable legal texts. The adaptation is attributed to the incident according to national law, but if it is subject to foreign law, it is adapted according to it. There are some laws that set themselves patterns in the event of conflict of laws, for example: Egyptian law has a specific pattern of conditioning the relationship in the case of conflict of laws. Whereas Article 10 of the Egyptian Civil Code states that (Egyptian law is the reference in the adaptation of relations when it is requested to determine the type of these relations in a case in which the laws are in conflict, to know the applicable law among them.)
The first paragraph of this article included the necessity of returning to Egyptian law to include the legal adaptation associated with the consensus opinion, and this solution is of great importance given the different distribution of jurisdiction among Egyptian courts. Accordingly, it is necessary to refer to the texts of Egyptian law in matters of adaptation. The provisions relating to persons or funds, and the application of those rules in accordance with the jurisdiction of the judiciary to which the case was submitted.
The Court of Cassation took over the application of the provisions of Article 10 of the Civil Code, such as the appeal submitted to the court for the year 1987, which bore No. 76, where the case included a separation between two spouses, the wife converted to Islam while the husband is not a Muslim, in this appeal reference was made to the reference of legal adaptation, and the Egyptian law is These facts refer to the Personal Status Law, according to the doctrine of Abu Hanifa, which is considered a divorce and does not invalidate the marriage. While Article 1503 of the Greek Civil Code included that in the event of a divorce, custody of the children goes to the claimant of the divorce if no fault is attributed to him. It is mentioned that the first authority in adapting the facts in court is for the judge who adheres to the legal texts, as he may exclude one element or adhere to another element in the litigants. It considers what is contained in the preliminary and final minutes and adapts the facts presented therein.
