وقف إجراءات الدعوى المدنية : دراسة مقارنة

Abstract EN

The civil action often happens after it has been obstructed for a period of time, including the suspension of its proceedings.

This waqf is only before the courts of first instance to which the case is brought before it or before the second instance courts (appeal) This would be valuable if the court appealed the sentence.

This waqf is divided into three types: either it is based on the will of the parties to the case and it is called a stay of agreement or it is done by a decision of the court that is considering the case because of the suspension of the ruling on another matter that affects the possibility of issuing the judgment in the suspended case.

To the explicit provisions of the law for specific cases and constitutes a legal moratorium.

The suspension of the proceedings will have the effect that the case is still pending despite the stay.

However, the case is still pending for a period of time and according to the type of waqf.

In any case, the suspension of the proceedings must end, either by revoking the petition because the proceedings have not been resumed after this time or resume.

It is left to review and subsequently invalidated or its proceedings may continue after its appeal until a decisive judgment has been made on its subject matter.

And if it encounters such a stalled process of proceedings, it must raise many questions and differences of jurisprudence when the legal texts cannot face some cases or when the difference in interpretation of these texts, which may not be the legislator in some cases successful in dealing with certain facts.