The Lapse of Judicial Proceedings in Yemeni Civil Procedure Law: A Comparative Study

Abstract

If a lawsuit is a dynamic phenomenon that progresses in a regular sequence and defined stages until it reaches its final stage which is the judgment on the merits، the lawsuit is not a spontaneous phenomenon that proceeds solely by its initiation، driven by an internal momentum. Rather، it requires a catalyst to propel it  forward until it reaches its destination. This catalyst is primarily represented by litigants. To prevent cases from accumulating before the courts without justification، the law requires the litigants to take action، and failure to comply with this obligation results in a procedural penalty، which is the lapse of the lawsuit. This penalty entails the termination of the lawsuit before the court without deciding on the merits. Thus، we are dealing with an abbreviated expiration of the lawsuit، which is essentially a penalty imposed by the law on the plaintiff for their negligence، delay، and failure to pursue their case and follow its procedures until its conclusion. The lapse of the lawsuit is a type of procedural extinction of the lawsuit and its effects due to the plaintiff's inaction or failure to pursue it.