الدعوى الصحيحة و ما يترتب عليها من أحكام و آثار في الفقه الإسلامي و القانون اليمنى : دراسة مقارنة

الملخص EN

Filing the case to the authorities empowered to resolve disputes between litigants is the most appropriate step for the parties to take so as to get their rights.

As for the lawsuit to be filed legitimately and achieve the desired effects, it must meet all the conditions that have been stipulated by Sharia and law scholars.

In this respect, the court accepts the case and orders for the presence of the plaintiff and the defendant to take actions related to the lawsuit.

Therefore, when the defendant accepts/ admits liability, the judge directly takes actions on the case; And if he denies liability, the plaintiff is further asked to support his claim with an evidence; if he fails to support the claim, then the defendant is asked to take an oath for the denial of the claim, and the judge has no choice but to drop the lawsuit.

But, when the defendant refuses to take the oath, some law scholars state that the judement is in the plaintiff's favor and some others condition that the plaintiff is, in this case, further asked for taking an oath to support the claim otherwise the case is dropped.