Fouad R. H. Procedural termination of the civil lawsuit without a ruling accepting the defenses - (comparative analytical study)

Abstract

The basic principle is that the civil lawsuit is terminated by the issuance of a judicial ruling in it, which determines the legal positions of its parties and confirms the rights claimed. The dispute is also settled and prevented from renewing it. As an exception to this, the lawsuit may expire before a decisive ruling is issued on its subject matter. The court decides on this unusual path if one of the following is fulfilled. The many reasons and circumstances stipulated by the law, which relate to the procedures that must be followed and the specified time frames, such as if the defendant expresses a plea that the court lacks jurisdiction, spatially or qualitatively, or a plea that it does not accept it because its subject matter has already been decided, and other defenses whose acceptance results in the procedural expiration of the case, i.e. It expires at this point without addressing the subject of the dispute and deciding on it, which means the possibility of renewing the dispute on the same subject with a new claim and procedures.