A civil lawsuit is considered the fundamental legal means for resolving disputes and achieving private justice between individuals and entities. However, for a dispute to reach the stage of ruling on the merits of the right, it must pass through the gateway of formal and procedural conditions that determine the fate of the lawsuit, either by acceptance or rejection. Below is a detailed account of the key provisions governing this matter in the Egyptian and Turkish legal systems, focusing on the most important questions raised.
🏛️ Part One: General Principles for the Acceptance of a Civil Lawsuit
The acceptance of a lawsuit rests upon three legal pillars, known as the “conditions for the acceptance of a lawsuit,” which must be met for the legal proceedings (litigation) to be properly constituted:
- The Condition of Interest (Şart-ul Menfa’ah):
Interest is the practical benefit that the plaintiff gains from having their claims ruled in their favor. This interest must be existing, current, and legitimate, as well as legal. If the plaintiff is not aiming to protect a right or redress an infringement by filing the lawsuit, their claim is formally rejected due to the absence of the condition of interest. - The Condition of Standing (Şart-ul Sıfah):
This condition requires that the plaintiff be the holder of the right being claimed, and the defendant be the person legally obliged or subject to the claim. That is, both parties must possess procedural and substantive standing in the lawsuit. The issue of standing is one of the fundamental objections that the court can raise on its own motion. - The Condition of Capacity (Şart-ul Ehliyah):
Both the plaintiff and the defendant must possess the capacity to litigate, which is the ability to carry out legal proceedings before the courts, relating to matters such as the legal age of majority and the absence of legal impediments to capacity (such as interdiction/guardianship).
🇪🇬 Part Two: Civil Lawsuit Provisions in Egyptian Law
The procedural regulation of the lawsuit in Egypt is governed by the provisions of the Civil and Commercial Procedure Law, which distinguishes between substantive rejection (losing the case) and formal rejection (non-acceptance).
❓ Is it possible for the court to reject the lawsuit from the very first session?
Yes, it is very possible for the court to reject the lawsuit or rule on its non-acceptance from the very first session, if it finds that there is a formal objection or an objection related to public order that prevents the court from proceeding to examine the merits of the case.
These reasons are considered immediate impediments that prevent the investigation into the basis of the right, and the most prominent ones are:
Objection of Lack of Jurisdiction: Whether it is subject matter jurisdiction (because the case belongs to another court like the Family or Labor Court), pecuniary jurisdiction, or territorial jurisdiction. This objection must be raised before any other objection, except for the lack of jurisdiction related to public order, which can be raised at any time.
Objection of Lack of Standing or Interest: As mentioned earlier, the court can formally rule the lawsuit inadmissible if it is proven that either of these two essential conditions is lacking.
Objection of Nullity of the Statement of Claim: If the statement contains a fundamental defect that leads to ignorance regarding the details of the plaintiff, the defendant, or the claim itself, thereby compromising the principle of due process and defense. In this case, the court may first allow the plaintiff time to rectify the nullity.
Objection of Inadmissibility of the Lawsuit Due to a Prior Judgment (Res Judicata): If a final judgment has been issued in the same subject matter, cause, and parties (the force of the adjudicated matter).
❓ In what instances is the lawsuit closed due to a lack of documents?
In Egyptian law, the term “closed” for a lawsuit is not used directly due to a lack of documents; rather, recourse is made to two procedural mechanisms that result from the plaintiff’s failure:
Penal Stay (Al-Waqf Al-Jaza’i):
The court may issue a decision obligating the plaintiff to submit specific documents it deems necessary for deciding the case, or to undertake a specific procedure (such as notifying a new defendant or depositing an expert’s fee advance).
If the plaintiff fails to implement the court’s decision within the specified timeframe, the court may rule to penally stay the lawsuit for a fixed period (usually one month).
If the plaintiff does not request the renewal of the lawsuit from the stay within the eight days following the end of the stay period, the lawsuit is then considered as if it had never been (Ka’an Lam Takun), and the litigation proceedings are extinguished retroactively.
Striking Off (Al-Shatb):
Striking Off is a procedural decision issued by the court in the event of the absence of the plaintiff or their lawyer from the session, or the absence of both parties together.
Striking Off is considered a procedural penalty for the plaintiff’s failure, and it does not terminate the litigation; it merely suspends its progress temporarily. It is often resorted to if the plaintiff fails to complete certain procedures or prepare the required documents.
❓ Is it possible to reopen it?
Yes, it is permissible to reopen or renew the lawsuit after a stay or striking off:
Renewal from Striking Off: The plaintiff has the right to renew the lawsuit from striking off by submitting a request to the court within sixty days from the date of the striking-off decision. If this period passes without renewal, the striking off is considered as if it had never been, and the litigation proceedings are extinguished.
Renewal from Stay: If a penal stay judgment is issued, the plaintiff must request the resumption of the lawsuit within the eight days following the end of the stay period.
Result of Extinction of Litigation (As If It Had Never Been): In case of non-renewal within the specified deadlines, the litigation is extinguished, but the substantive right remains; the plaintiff is entitled to file a new lawsuit based on the same right, unless this right has been barred by the statute of limitations during the period the litigation was extinguished.
🇹🇷 Part Three: Civil Lawsuit Provisions in Turkish Law
The Turkish Code of Civil Procedure (Hukuk Muhakemeleri Kanunu – HMK) regulates judicial procedures and emphasizes the necessity of fulfilling formal requirements and adhering to specified deadlines.
- Procedural Rejection (Usulden Red):
As is the case in Egypt, Turkish courts can rule on the procedural rejection (formal rejection) of the lawsuit without considering its merits at early stages, especially if:
The lawsuit was filed in a non-jurisdictional court: Whether the lack of jurisdiction is international, territorial, or subject matter based.
Lack of Standing or Legal Interest (Hukuki Menfaat): These are essential conditions that the court must verify on its own motion.
The Right is Barred by the Statute of Limitations or a Forfeiture Period (Zamanaşımı/Hak Düşürücü Süre): If the lawsuit is filed after the expiry of the legally specified period.
Lack of Essential Formal Requirements: Such as failure to pay the court fees (Harç) or failure to submit a complete and signed statement of claim.
- Closing the File Due to Lack of Documents in Turkey:
In Turkish law, the court is granted the authority to issue a decision equivalent to “temporarily closing the file” if the plaintiff fails to remedy the deficiency:
Considering the Lawsuit as Not Filed (Dava Açılmamış Sayılması):
The plaintiff is requested to submit certain essential documents or perform necessary procedures for the validity of the lawsuit.
If the plaintiff fails to remedy this deficiency despite being granted a specified period, the court rules to “consider the lawsuit as not filed.” This decision temporarily terminates the filed litigation proceedings.
This procedure is distinct in that it allows the plaintiff the opportunity to reopen the dispute or file it again after remedying the deficiency, without losing their substantive right, unless that right has been barred by the statute of limitations during the file closure period.
- Possibility of Renewing the Lawsuit in Turkey:
Yes, it is possible to reopen the lawsuit after it is considered “as not filed.”
Turkish Civil Procedure Law grants the plaintiff a specific period (usually one month) to renew the lawsuit (Yeniden Dava Açma) before the same court, after fulfilling all the documents or procedures that were the reason for the previous judgment.
The important thing is that the new lawsuit must be filed within this short period, otherwise, the effects of filing the first lawsuit completely cease, and the plaintiff remains exposed to the risk of their right being barred by the statute of limitations.
Concluding Note: The fate of a civil lawsuit largely depends on the plaintiff’s accuracy in fulfilling the formal and procedural requirements and adhering to the legal deadlines. The formal or procedural rejection of a lawsuit does not mean the loss of the substantive right; rather, it is a notice that the procedural course must be corrected to ensure the acceptance of the lawsuit and the examination of its merits.