The Judgment Dismissing the Lawsuit in Its Current Form and Its Effect on the Exhaustion of the Court’s Jurisdiction (A Judgment and Commentary)

The Judgment Dismissing the Lawsuit in Its Current Form and Its Effect on the Exhaustion of the Court’s Jurisdiction

Authors

  • ALI ABDULSALAM ARAIBI قسم القانون الخاص – كلية القانون - جامعة المرقب - الخمس/ ليبيا

Keywords:

Dismissal of the lawsuit, Dismissal of the lawsuit in its current form, Exhaustion of jurisdiction, Exhaustion of the court’s jurisdiction, Res judicata, Two-tier litigation

Abstract

In this study, entitled "The Judgment Dismissing the Lawsuit in Its Current Form and Its Effect on the Exhaustion of the Court’s Jurisdiction," we will, God willing, comment on a judicial ruling that dismissed a lawsuit due to the plaintiff’s failure to present the original title deed. This will be done according to a systematic scientific plan, divided as follows:

The first section addresses the dismissal of the lawsuit and its effect on its subject matter. It explains the concept of a judgment dismissing a lawsuit on substantive grounds, clarifies the meaning of dismissal of the lawsuit in its current form in the first subsection, and examines the effect of a dismissal judgment, in both forms, on the exhaustion of the court’s jurisdiction in the second subsection.

The second section concerns the appeal of a judgment dismissing the lawsuit in its current form. It discusses the impact of such an appeal on the validity of the judgment in the first subsection, and the effect of addressing the case’s subject matter on the principle of two-tier litigation in the second subsection.

The study concludes with a conclusion summarizing the results and recommendations, hoping to contribute, even if slightly, to clarifying the distinction between the importance of differentiating between a judgment dismissing the lawsuit in its current form and a general dismissal judgment, as well as the consequences arising from each.

Published

2026-02-16

How to Cite

ARAIBI, A. A. (2026). The Judgment Dismissing the Lawsuit in Its Current Form and Its Effect on the Exhaustion of the Court’s Jurisdiction (A Judgment and Commentary): The Judgment Dismissing the Lawsuit in Its Current Form and Its Effect on the Exhaustion of the Court’s Jurisdiction. Journal of Legal Sciences, 13(01), 157–145. Retrieved from https://jls.elmergib.edu.ly/index.php/jls/article/view/164

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