The condition of interest and the effect of its disappearance during the course of civil lawsuit procedures
Abstract
The condition of interest is one of the most important conditions necessary for the acceptance of a civil lawsuit, as it is inconceivable that a lawsuit will be accepted unless the plaintiff has a direct and existing legal interest in filing it. Most legislations, including Libyan legislation, have stipulated the necessity of this condition, whether the interest is current or potential. This research aims to clarify the concept of interest as a condition for the acceptance of a lawsuit, and to state the legal basis on which this condition is based, in addition to reviewing its legal nature. The research also addresses the effects resulting from the disappearance of interest during the course of the lawsuit, and analyzes the legal repercussions of that, while relying on what has been established by the Libyan judiciary and some comparative legal systems.
Keywords:
Civil action
formal acceptance
loss of interest
condition of interest
non-acceptance
How to Cite
Amna Mohammed Al-Kasher. (2025). The condition of interest and the effect of its disappearance during the course of civil lawsuit procedures. Al-Haq Journal for Sharia and Legal Sciences, 12(2), 279-295. https://doi.org/10.58916/alhaq.v12i2.356
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This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
References
1.
First: General Legal References:
2.
- Ammar Awabdi, The General Theory of Administrative Disputes in the Algerian Judicial System (Theory of Administrative Litigation), Part Two, Second Edition, 2003.
3.
- Mustafa Abu Zaid Fahmy, The Mediator in Administrative Law, Dar Al-Matbouat Al-Jami'a, Egypt, Alexandria, 2003.
4.
- Muhammad Hassan Abdel Ghaffar, Facilitating the Principles of Jurisprudence for Beginners, Al-Maktaba Al-Shamela, 2019.
5.
Second: Specialized Legal References:
6.
- Ahmad Abu Al-Wafa, Civil and Commercial Procedures, Mansha'at Al-Ma'aref, Alexandria, 1990.
7.
- - ----- The Theory of Defenses in the Code of Civil Procedure, Dar Al-Ma'aref, Cairo, 1967.
8.
- Ahmad Al-Jandoubi, Principles of Civil and Commercial Procedures, no publisher, 2001.
9.
- Ahmed Al-Sayed Sawi, The Intermediary in Explaining the Civil and Commercial Procedure Law, no publisher, 2010.
10.
- Amina Al-Nimr, The Lawsuit and Its Procedures, Manshaat Al-Maaref, Alexandria, 1998.
11.
- Helmi Al-Hijaz, The Concise Principles of Civil Trials, Al-Halabi Legal Publications, Beirut, first edition, 2007.
12.
- Helmi Majeed Muhammad Al-Hamdi, On the Rules of Libyan Procedures, Open University Publications, third edition, 1998.
13.
- Khalifa Salem Al-Jahmi, The Concise Principles of Explaining the Libyan Civil and Commercial Procedure Law, Dar Al-Fadhil for Publishing and Distribution, second edition, 2021.
14.
- Saeed Mubarak, Judicial Organization and Civil Trial Principles in Jordanian Legislation, second edition, Al-Fajr Library, Jordan, 1998.
15.
- Shaaban Ahmed Ramadan, The Effect of the Expiry of Interest on the Proceedings of the Annulment and Constitutional Suits, Dar Al Nahda Al Arabiya, Cairo, 2009.
16.
- Talat Youssef Khater, A Concise Explanation of the Civil and Commercial Procedures Law, Dar Al Fikr Wal Qanun, Mansoura, 2010.
17.
- Abdel Moneim Al Sharqawi, The Theory of Interest in the Suit, no publisher, 1947.
18.
- Ali Masoud Belqasim, Explanation of the Libyan Civil and Commercial Procedures Law, Dar and Library Hamouda for Publishing and Distribution, 2014.
19.
- Abdel Moneim Al Sharqawi, Explanation of the Civil and Commercial Procedures Law and Interest in the Suit, Dar Al Matbouat Al Arabiya, Cairo, first edition, 1950.
20.
- Fathi Wali, The Mediator in Civil Judiciary, Dar Al Nahda Al Arabiya, Cairo, second edition, 1981.
21.
- Muhammad Kamal Abdel Aziz, Codification of Pleadings in Light of the Judiciary and Jurisprudence, Modern Printing House, 1995.
22.
- Nabil Ismail Omar, The Judge's Discretionary Power in Civil and Commercial Matters, Dar Al-Jami'a Al-Jadida, 2008.
23.
- Wagdy Ragheb, Principles of Civil Judiciary, Dar Al-Nahda Al-Arabiya, Cairo, 2001.
24.
Third: Academic Theses:
25.
- Ashraf Mustafa Issa Sidr, The Condition of Interest in Civil Suits, Master's Thesis, Birzeit University, Faculty of Law and Public Administration, 2013.
26.
- Bassem Al-Zaghloul, The Opponent's Right to Defense According to the Jordanian Code of Civil Procedure, Master's Thesis, Faculty of Graduate Studies, University of Jordan, 1999.
27.
- Khaled Al-Talahimeh, The Termination of Litigation Without a Ruling on the Substantive Matters, PhD Thesis, University of Jordan, 2006.
28.
- Muhammad Subhi, The Condition of Qualification for Parties to a Judicial Suit and Its Contemporary Applications, Master's Thesis, University of Jordan, 2005.
29.
- Muhammad Al-Harahsheh, Challenging a Judgment by Appeal, Master's Thesis, University of Jordan, 1988
30.
Fourth: Research and Articles:
31.
- Bin Ta' Allah Zahira, The Condition of Interest and the Effect of Its Absence During the Proceedings of the Suit, a study published in the Journal of Judicial Reasoning: Volume 12, Issue 2, October 2020, University of Muhammad Khaider, Biskra, Algeria.
32.
- 2- Muhammad Jamal Al-Dhanibat - Najm Riyad Al-Rabdi, The Extent of the Difference in the Condition of Interest between Civil Suits and Annulment Suits - A Comparative Analytical Study, a study published in: Journal of the Amman Private University, Volume 20, Issue 2, 2017.
