الوقف الجزائي للخصومة المدنية في قانون المرافعات اليمني: دراسة مقارنة

Abstract

The community members' implementation of the law automatically in their daily activities and their usual behavior, so that they are convinced of respecting the law, or fear of imposing punishment on them if they violate.

The legal penalty, in general, is closely related to the legal rule, and it represents an effect that the law arranges for violating its rules; In order to ensure its respect.

This penalty varies according to the diversity of the legal rules themselves, so the penalty is criminal with regard to the criminal rule, civil with regard to the civil rule, administratively or disciplinary with regard to the administrative rule, and procedural if the legal rule is a procedural rule.

The procedural part has many forms; It may relate to the entire litigation as a unit that affects stagnation, such as writing off the litigation and stopping it, or demise, such as its forfeit and considering it as if it were not.

Business; to select an essential element necessary for its existence, such as lack of judgment; For being issued without a judge.

The researcher's study in this research is based on the so-called penal endowment for civil litigation, which is stipulated in Article (162) of the Yemeni Code of Procedure, Because it is an aspect of consolidating the positive role of the court and its embodiment in directing the course of the litigation towards the speed of its settlement.

Accordingly, in order to strengthen this authority, the legislator granted the judge a positive role, and enabled him to issue enforceable orders.

He authorized him to instruct the litigants to deposit documents related to the litigation, or to perform a procedure of pleadings procedures at a certain date, and also authorized him to sue others on his own, if he deems it so This is in the interest of justice, or showing the truth.

And in order to that, the researcher discussed the penal endowment subject of the research in terms of its provisions and studied it an analytical study in the light of the texts of the pleadings law in comparison with the Egyptian law, the opinions of jurisprudence, the extent of the judges authority to rule the endowment, and what are the conditions for ruling it, and can the judge rule it on his own What are the effects of the penalty for stopping the litigation, and what is the fate of the litigation after the suspension, is it expedited, what is the specified period for that, and who has the right to request expediting, and what are the procedures followed in that and if the litigation is not requested to expedite after the cessation, what Is the fate of this litigation? The researcher also discussed the nature of this penalty, its impact on the jurisdiction of the court, and its authority, and is it acceptable to appeal if it is wrong before the Court of Appeal or the Court of Cassation? Does it follow the normal appeal or direct appeal? Accordingly, the researcher divided the research topic into two sections: The first topic: What is the penal endowment for litigation and its conditions.

The second topic: the effects of the ruling on the penal endowment and the fate of the suspended litigation.

The researcher reached conclusions and recommendations that would enrich the topic, and discuss its most important aspects.