Litigation is the primary means through which the judicial system functions. The nature of a judge's work requires a judicial dispute; they do not act except through a lawsuit and at the request of one of the litigants. Thus, litigation is the method by which the state exercises its judicial authority. As defined by Dr. Wajdi Ragheb, a judicial dispute is a series of consecutive procedures undertaken by the litigants or their representatives, the judge, and their assistants, beginning with a judicial claim and ending with a judgment, which is the ultimate goal of the litigation.

While the goal of judicial litigation is to obtain a concluding judgment, reality shows that this goal may not always be achieved due to circumstances that terminate the proceedings. Among these reasons are the dropping (voluntary dismissal) or lapse (involuntary dismissal) of the case. Dismissal is divided into temporary, which does not prevent its renewal and does not forfeit the substantive right, allowing litigants to return to and renew the dismissed case from the point it reached. Final dismissal, however, leads to the retroactive annulment of the litigation, returning the parties to the state they were in before the case. This dismissal does not forfeit the substantive right but prevents the renewal of the same litigation, requiring a new lawsuit to claim the right.

The importance of this study stems from the fact that this topic is fundamental to judicial litigation and raises many practical issues, as litigation is the basis for claiming any right before the courts. The topic's significance is highlighted by judicial problems arising from gaps and deficiencies in the Jordanian Code of Civil Procedure that address this matter, which directly affects the rights of the litigants.

The rationale for writing on this subject is the scarcity of detailed studies and the lack of a comprehensive theory on the lapse and dismissal of litigation in the Jordanian Code of Civil Procedure, where related provisions are scattered. Another justification is the Jordanian legislator's limited treatment of the effects of dismissal, whether temporary or final, addressed only in a single provision, Article (126) of the Code of Civil Procedure No. (24) of 1988.

What prompted this work is the need to understand the consequences of temporary and final lapse and dismissal, the difference between them, their impact on the substantive right, and the Jordanian legislator's failure to address the lapse of litigation due to inactivity for more than six months—a concept covered by the Egyptian Code of Civil and Commercial Procedure. There is a need to compile all cases of dismissal to provide a thorough and in-depth study on the subject.

The problematic of this study revolves around these questions: What are the cases of temporary and final dismissal and lapse of litigation, and what are the consequences of each? Is the legal regulation for dismissal and lapse in the Code of Civil Procedure sufficient and comprehensive? Has the Jordanian legislator regulated cases of lapse by force of law, and does it require a judicial ruling? What is the purpose for which dismissal was legislated?

Methodology: The nature of the above questions necessitates an analytical approach to the provisions of the Code of Civil Procedure governing this topic, along with an examination of some legal provisions from the Egyptian Code of Civil and Commercial Procedure that are absent in the Jordanian code, to demonstrate their importance. It also considers how judicial precedents have addressed the legal gaps in this law.

This study is divided into an introduction and three chapters. The first chapter discusses the nature of judicial litigation, its principles, the concept of dismissing litigation, its underlying considerations, and litigation in first instance, appellate, and cassation courts, as well as the justifications for dismissal. The second chapter covers cases of dismissal and lapse of litigation. The third chapter addresses the effects of temporary and final dismissal and lapse, followed by a conclusion.

• Weight: 0.55 kg
• Dimensions: 17 x 24 cm
• ISBN: 978-9957-128-21-0