أثر جائحة كورونا على مدد الطعن بالأحكام القضائية

Abstract EN

Procedural dates acquire great importance within the framework of the civil lawsuit, and these dates are determined by certain times of time during which procedural work must be carried out and work is prevented after its expiry, and the legislator aims behind this to achieve two main goals: improving the course of the judiciary and protecting the rights of litigants.

In view of the importance of the periods of appeal and the consequent penalty for its failure or non-observance, the legislator has made clear in the Civil Procedure Law, in a disciplined manner at the time of its entry into force and the time of its expiry, as the period starts from the day following the notification of the ruling or is considered an amount, i.e.

it does not come into its account on the day that was done There is work or incident that marks the beginning of the date but rather from the day that follows, and ends in the last hours of work from the last day of the end of the date, and if this day falls on an official holiday, it is extended to the first day of the next working days.

In view of the importance of those periods and their attachment to the rights of opponents, therefore, they are considered inevitable, and their violation or lack of respect results in the fall of the right to appeal, and the court adheres to this on its own to attach to the matter of public order, but the legislator mentioned some exceptions that are consistent with logic and achieve justice where he made legal periods stand If there is one of the three reasons that he specified, that is, the death of the convict, the loss of his eligibility, or the character of the person who was conducting litigation about him, during the period between the notification of the judgment and before the expiry of the legal periods for appeal against the judgment.

Nevertheless, despite the parties' commitment to observe the terms of the appeal, a general emergency order may arise that was not taken into account and cannot be paid, which would make it impossible for the opponent to exercise his right to appeal during the period specified by the law, as in the case of wars External, internal disturbances, or the spread of epidemics and diseases, and this is what actually happened in light of the spread of (Corona virus), as it would have paralyzed movement at the internal and external levels, by imposing a curfew by the competent authorities while disrupting the work of state authorities, including the judiciary, and stopping The work of the courts