قطع سير الدعوى في التقاضي الإلكتروني : دراسة مقارنة

الملخص EN

E-litigation aims to benefit from the scientific techniques of the Internet to manage the case file and achieve justice among the adversaries, by relying on electronic bonds and electronic programming of case files and judicial records instead of dealing paper in the courts, thus facilitating the saving of time, Which is aimed at the judicial system in the majority of countries If the origin of the argument is to achieve a confrontation between the opponents, it requires that the party of the living, but there may occur an event that leads to the interruption of the death or loss of eligibility or the disappearance of the status of direct, resulting in that the pleading of one party.

This is not consistent with the logic and the nature of the legal argument, and in such a case must be interrupted proceedings procedures until the successor replaces the predecessor who died or lost his eligibility or remained in the case.

There is no doubt that the interruption of the pleading and the discontinuance of such proceedings are found in the field of electronic litigation and are subject to the same terms and conditions as stipulated in the Civil Procedure Laws.

However, there may be new technical issues arising in the field of electronic litigation.

Should this be considered among the cases of discontinuance of litigation in electronic litigation and produce all the consequences of this situation in the case of those reasons stipulated by the Iraqi and comparative law in the laws of civil proceedings in force, Taking into consideration the interest of measuring those conditions with their traditional counterpart and try to harmonize between them to reach the goal of this study.