The lapse of the administrative lawsuit and the consequences of its lapse

Authors

  • Shakib Khalaf Jassim Author

Keywords:

Administrative lawsuit dropped

Abstract

Abstract: The study aims to explain the reasons for the failure of the administrative lawsuit and the resulting effects and to determine the procedures followed in it. Are there special legal texts in the administrative judiciary that regulate these procedures or is reference to the texts of the Civil and Commercial Procedures Law in both the Iraqi administrative judiciary as well as the comparative countries France? In Egypt, despite the difference in the subject matter of the lawsuit between civil lawsuits and administrative lawsuits, does the death of one of the litigants result in the lawsuit being dropped, or is it resumed through the heirs of the deceased or someone acting on his behalf? The dropping of the lawsuit results in its disappearance as if it had never existed, and all the procedures that took place in it will disappear. Therefore, it is not possible under any circumstances to return to or resort to the procedures of a dropped lawsuit, but the drop of an administrative case does not result in the loss of the right to file it again if the plaintiff is allowed, despite the issuance of a ruling that it has dropped, to go back and file a new lawsuit on the same subject

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Published

2024-01-01

Issue

Section

Articles