Appeal Against the Judgment Issued on the Plea of Lack of Jurisdiction in the Yemeni Civil Procedure Law: A Comparative Study

Abstract

This study aims to provide a comprehensive and comparative analysis of the plea of lack of jurisdiction (Daf' bi-'adam al-ikhtisas) in the Yemeni Civil Procedure Law No. (40) of 2002 and its amendments, with a detailed comparison to the corresponding legislation in Egypt, Saudi Arabia, and Lebanon. The study adopted the analytical comparative method to analyze the legal texts and judicial applications in these countries. The findings reveal the existence of fundamental legislative contradictions in the Yemeni law, particularly between Article (91) and Article (186/1) regarding the nature of subject-matter jurisdiction (al-ikhtisas al-naw'i), as well as between Article (86/2) and Article (274) concerning the methods of appeal (turuq al-ta'n) against judgments issued on the plea of lack of jurisdiction. The study concludes that the plea of lack of jurisdiction is a substantive procedural mechanism essential for ensuring the proper administration of justice and the efficiency of the judicial system. It offers practical recommendations to the Yemeni legislator to amend the conflicting articles and improve the legislative framework. The study emphasizes the importance of comparative research in developing Arab legislation and enhancing coordination among them.