دور الإرادة المنفردة للخصم في الانقضاء الإجرائي للخصومة

Abstract EN

In this research, we dealt with the statement of the role of the unilateral will in the procedural termination of the litigation by the will of the litigants.

The procedural termination of the litigation by the unilateral will of the litigants means : the procedural legal action, in which the one will of the litigant tends to create procedural effects that are considered by the law, represented in ending the litigation by waiving its procedures, before the issuance of its procedures.

A decisive ruling on the subject, with the possibility of renewing the same dispute with a new litigation, If the disputed right is not terminated by prescription, then an explanation of the philosophical and legal basis for this termination, and the scope of the role of the individual in the procedural termination of the litigation, where the litigants may End litigation before courts of first instance and courts of appeal, However, the Egyptian legislator did not elaborate a special text regulating the issue of procedural termination before the Court of Cassation, What he left for jurisprudence and jurisprudence, The question also arises as to the extent to which the unilateral termination of the litigation may be suspended on a condition or associated with a reservation? There is no explicit text in the Egyptian Code of Procedure dealing with this issue, but it can be deduced from the text of Article 142, which requires the validity of the abandonment to be issued by a clear and unequivocal will according to the form specified by the law, By following the views of jurisprudence and the rulings of the judiciary, it becomes clear that the abandonment may not be suspended on a condition or made accompanied by any reservation, as we have clarified the conditions necessary for the validity of the procedural termination of the litigation by unilateral will, which is that the termination is issued by whoever legally owns it, and he is the opponent whose will has a role in this expiration, and is reliable the law, whether they are original litigants, and they who acquire the character of an adversary from the commencement of the proceedings; They are: the plaintiff, the defendant, intervening opponents; They are: those who acquire this description during the course of the procedures, and the person may voluntarily intervene in the litigation, and in this case it is called voluntary intervention, claiming a right of its own (disputative or offensive intervention), or intervenes in the litigation to support one of the original parties to the litigation, and to assist it through the means of defense it provides (joint intervention), and since the litigation here ends by the unilateral will of the litigants, it is necessary for its validity what is necessary for legal actions in general, which is the availability of the will of the person in charge; Accordingly, the will must exist for the existence of this lapse, so if the lapse is issued by a person who has no will, it will be non-existent, and its effect will not be arranged, and it is permissible for the one who performs it to adhere to its ence, and it is also necessary for the validity of this lapse that this will be free from defects such as coercion, mistake and fraud.