التجديد في الدعوى المدنية (دراسة مقارنة)

Abstract

Summary

 Renewal in civil litigation Is a legal procedure that has two types within the framework of procedural laws, particularly the civil procedure laws. The first type allows the parties to resume the civil lawsuit before the court after it had been suspended due to the absence of its parties. The second type permits the plaintiff to refile the lawsuit before the court after it has been annulled or considered as if it never existed, due to the parties’ failure to renew the procedures after the prescribed legal time for review or failure to continue the proceedings after renewing them.

 In legal systems, the reasons for renewal differ in terms of terminology in Iraqi law compared to comparative legislations, but they do not differ in substance. In Iraqi law, civil lawsuit procedures can be renewed due to the absence of its parties, and this is referred to as "leaving the lawsuit for review." In comparative legislations, this situation is termed as "striking out the lawsuit." As for the reason for renewing the filing of a civil lawsuit, In Iraqi law it is due to its annulment for failure to renew or follow up on the renewal within the legal time limit, whereas comparative legislations use terms like "considering the lawsuit as if it never existed" or "withdrawal of the lawsuit due to annulment" In such cases.

 Renewal requires certain mechanisms and conditions that allow the parties to activate its role in both of its types within the framework of civil litigation. It is not permissible at all stages of the lawsuit but can only be applied during specific stages according to the law. Its effects vary depending on its type: the first type, which involves renewing the procedures of the civil lawsuit, restores the lawsuit to its original state by reconvening it between the parties, ensuring the principle of confrontation between the litigants. The second type, which involves renewing the filing of the civil lawsuit, results in the lawsuit being reintroduced before the court through a new petition and procedures, thus bearing the same effects as the initiation of a lawsuit.

Keywords : Renewal ,Leaving the case for review , Annulment of the case.