سقوط الحق في اتخاذ الإجراء وفقا لقانون أصول المحاكمات المدنية الأردني

الملخص EN

This research has focused on procedural lapse, which is a penalty that leads to the absolute withdrawal of the procedural right from the right-holder in case of non-use of this right within the time limit specified by law.

It has been shown that all time limits specified to exercising a procedural right constitute a lapse of time, whereas the time limits specified to exercising a procedural obligation or to perform an obligation ordered by a judge within his/her capacity to manage the case before him/her are considered as pleading times.

The times of lapse have been clarified.

In addition to their impediment, it has been argued that the lapse of time could not be cut, but rather could be subject to estoppel.

It has been concluded that the Jordanian legislator did not stipulate a general provision to tackle this procedural penalty in contrast to the annulment that has been stipulated in articles (24-26) of the law of Civil Procedures, in spite of the fact that the penalty is applied whenever its conditions are met, and the court should apply it without being asked to do so in cases specified by law.