The Impact of the COVID-19 Pandemic on Stopping and Completing the Period of Appeal Against Judicial Rulings in Accordance with Jordanian law

Abstract

This study attempts to shed light on the applicability of the Jordanian Civil Trials Law No. 24 of 1988 and its amendments in light of the COVID-19 pandemic and the prevention of litigants' access to the courts because it is an official holiday on the grounds constituting it to be a force majeure or an emergency circumstance which is considered an unexpected event. The law did not explicitly stipulate a cessation of appeal against judgments. When this impediment is present, the appellant can complete the appeal period when this impediment ceases to exist. The completion of the prescribed periods becomes in effect, while Defense Order No. 5 bridged the gap in the provisions of the Civil Trials Law in light of the country's passage through the COVID-19 pandemic, which came suddenly being an unexpected event. The legislator was unable to address the issue of stopping and completing the appeal period against the ruling issued for its appeal within the legal period stipulated in the law. Besides, this study includes the opinions of jurists in the Civil Trials Law.This study indicated that the event of force majeure or an emergency situation (COVID-19 pandemic) with the activation of Defense Law No. 13 of 1992 as it is pointing that completing the period of appeal with judicial rulings and the necessity of its application during the existence of the COVID-19 pandemic with the need to amend the Jordanian legislature for the legal loophole in this regard.