The creation of juridical acts and the occurrence of juridical events primarily depend on the conduct and will of the litigants. However, the legal consequences arising from such matters are not formed solely by the parties’ intentions; the law, by defining the grounds of entitlement, also determines the framework within which they may enjoy rights and benefits. Accordingly, each party seeks to secure a favorable judgment by advancing a particular interpretation of the juridical act or event and attributing it to an appropriate legal ground.

The central question is whether the court must confine itself to the legal characterization advanced by the parties or whether it may look beyond the ظاهر of their claims, independently ascertain the true nature of the juridical act or event, and, on that basis, recharacterize the cause of action. This issue constitutes an important subject in procedural law and judicial analysis, since accepting or rejecting the parties’ characterization—or recharacterizing the matter by the court—may directly affect both the basis of entitlement and the outcome of the litigation.



In rendering judgment, the judge must necessarily understand and assess juridical acts and events. Because the judge’s understanding directly influences the adjudicative process, judicial determination cannot be regarded as a merely personal or unregulated matter. Therefore, standards are required to assess the validity of judicial understanding and the correctness of the court’s recharacterization.

In this regard, pragmatism, or the philosophy of practical utility, may provide an appropriate analytical framework. This theory evaluates the validity of knowledge in light of its practical consequences, efficiency, problem-solving capacity, and success in achieving the desired outcome. Accordingly, a judicial characterization possesses greater validity when, while remaining consistent with the law and the circumstances of the case, it produces a coherent, fair, and effective explanation of the parties’ grounds of entitlement.