Doctoral Degree Awarded to Researcher Ali Mohammed Sagheer Saad Al-Qalis Department of Private Law, Faculty of Sharia and Law

“Ali Mohammed Sagheer Saad Al-Qalisi successfully defended his doctoral dissertation in the Department of Private Law, specializing in Procedural Law, at the Faculty of Sharia and Law, Sana’a University. His dissertation, titled ‘Termination of Legal proceedings Without a Judgment, under the Yemeni Procedural Law: A Comparative Analytical Study,’.

The public defence was held on Thursday, 30 Rabi’ al-Awwal 1446 AH, corresponding to October 3, 2024.

The dissertation defense committee consisted of:-

* Associate Professor Adel Ali Mohammed Al-Najjar, supervisor and committee member.

* Associate Professor Sadeq Yahya Ali Al-Ari, external examiner.

• Associate Professor Saeed Khaled Ali Al-Sharabi, internal examiner and committee member.

The dissertation aimed to provide a clear framework outlining the procedural and substantive reasons for the termination of legal proceedings before a judgment is issued on the merits of the case, as well as the legal consequences arising therefrom.

The dissertation concluded that legal proceedings may terminate before a judgment is issued on the merits due to procedural or substantive reasons. Procedural termination is attributable to factors related to the proceedings themselves without affecting the right to sue or the subject matter of the claim. Examples include the dismissal of the suit, termination due to the lapse of time, treating the suit as if it had never been filed, or waiving the suit. The legal consequences of procedural termination are generally applicable to all such cases, resulting in the termination of the proceedings and the annulment of all procedural steps and the consequences arising therefrom, without affecting the right to sue or the subject matter of the claim. Consequently, the proceedings may be renewed or continued regarding the same subject matter unless such rights have expired for any other reason.

Moreover, it does not affect final judgments issued therein, the procedures upon which they are based, the admissions made by the parties, the oaths they have taken, or the expert reports and investigative procedures carried out during the proceedings that have been terminated. Substantive termination may occur before a judgment is issued on the merits due to reasons or circumstances related to the right to sue, the substantive right, or the legal positions of the parties. It is a comprehensive termination that includes the dispute and all its consequences, and it is final as it prevents the renewal of the proceedings or the dispute. This occurs in cases of waiver of the right to sue, admission of the claim by the defendant, or agreement between the parties to settle the dispute through a compromise.

The doctoral candidate presented several recommendations in his dissertation. The study recommended that the Yemeni legislator enact a provision governing the consequences of the dismissal of a suit, termination due to the lapse of time, treating it as if it had never been filed, and waiver. The proposed provision should stipulate: ‘A judgment dismissing a suit or declaring it terminated due to the lapse of time, treating it as if it had never been filed, or waiving it shall result in the annulment of the judgments issued therein and the cancellation of all procedural steps, including the filing of the suit, but shall not affect the right asserted in the claim, nor the final judgment reached”

The public defence was attended by many academics, interested researchers, students and researcher’s family members and friends.