International Journal of Humanities and Social Science

ISSN 2220-8488 (Print), 2221-0989 (Online) 10.30845/ijhss

Non-Hearing of a Lawsuit within the Legal Period, "Statute of Limitations" and the Impact on Dropping of Rights; (Jurisprudential Study in Comparison of the Civil Law of Jordan)
Dr. Anas Mohammad Al Khalaileh

Statute of limitations (Prescription) is one of the principles that have great impact linked closely to the matter of life for the positive law, which is considered, in general, a period of time that elapses and constitutes a material fact that does not have a legal affect by itself, but it is supported by possession and on one hand this is called the statute of limitations (prescription) gained and on the others, if it is related to personal rights of the right of the other party. There is a disagreement among the scholars in the matter of consideration or invalidity of such right to be sanctity. In this research, we would like to shed some lights on the statute of limitations, the impact and implications on dropping of the rights. The types of personal rights, financial and commitments that are subject to long term prescription shall not be counted, but for the types that their prescription is shorter as they are defined, since they are exceptional types, each one shall be specified according to a special law provision. Each right has no law provision, shall be subject to shorter prescription; so, shall be the general long term prescription. (1) However, should note that each right has a special provision, shall be subject to a short term prescription and the provision should be interpreted concisely in a manner that shall not be applied only on cases that are included therein, if the short term prescription is not applied which is causing difference in the stipulations, therefore, shall not be subject to such long term prescription by fifteen year. (2)

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