العوارض المعطلة لسير الخصومة في الدعوى المدنية : دراسة مقارنة

الملخص EN

In the past, every conflict resolves through the power, the development of communities and the appearance of the state, the individuals prohibited from exercising their own rights during the power, the right to resort to justice without discrimination, and if the right to litigation is safeguarded and guaranteed by the State to individuals, the exercise of this right should not be in a manner But should be exercised in accordance with the conditions and procedures determined by the legislator in this regard.

For this purpose, the legislator organized the idea of the case, which made it the legal means of obtaining judicial protection of substantive rights.

The claim goes through three main stages that represent a logical gradient in achieving its ends, beginning with the stage of judicial claim, followed by the stage of pleading or prosecution, and then ends with the stage of judgment.

The civil dispute arises from the stage of the judicial claim and continues until the judgment is issued in the case.

Many deviate from their natural course and prevent them from reaching the goal of the issuance of the ruling on the subject, leading to stagnation period of time or to extinction without judgment on the subject.