The Succession of Successors to Predecessors in the Civil Lawsuit "An Analytical Study in Jordanian Law"

Abstract

This research deals with the issue of the succession of successors to predecessors in the litigation procedures in the legal case at the jurisprudential level and the Jordanian legislative and judicial levels. 

The research concludes with a set of results and recommendations, and one of the most important results is that the succession of the successor to the predecessor in the civil lawsuit means the loss of standing in the legal lawsuit from the plaintiff or defendant and its transfer to the successor. Thus, the succession of the successor to the predecessor in the lawsuit differs from procedural extension and solutions. It also became clear to us that jurisprudence did not differ regarding the permissibility of the succession of a general successor to his predecessor in a legal case, in contrast to his position on the succession of a specific successor to his predecessor in a legal case. It was divided between supporters and opponents.

It became clear to us that, according to Jordanian legislation, the reasons for the succession of the general successor of the predecessor in a legal case are the death of the predecessor and the merger of companies, which we have seen a direct legislative application of in each of the Code of Civil Procedure, the execution Law, and the Companies Law. As for the succession of the predecessor's private successor in the legal case, we found an indirect legal application for it in both the civil law when the legislator regulated the transfer of the effects of the contract to a private successor and in the law of owners and tenants when the legislator appointed the wife and her children - if any - as successors in the lease contract for housing if it was proven that her divorce was an arbitrary divorce or an ecclesiastical separation. In the Labor Law, the new employer is responsible for the labor rights owed by the previous employer.

We also concluded that many judicial rulings, issued either by the courts of first instance or by the Court of Cassation, clearly applied the idea of succession of predecessors to successors in human rights lawsuits.

One of this study's most important recommendations is a set of proposed legal texts that would regulate the succession of successors to predecessors in a human rights lawsuit.