Consider the dispute as if it never happened

The Egyptian legislator did not establish a comprehensive regulation for considering the dispute as if it did not exist, but rather mentioned it as a penalty that leads to the termination of the dispute without a ruling on its subject matter and its premature expiration as a result of its inactivity for a period of time in specific circumstances and cases. The legislator expressed it with the term “considering the lawsuit as if it did not exist.” However, this term does not indicate the true intent, as it is a procedural penalty that does not affect the substantive right or the lawsuit as an independent right in itself. Rather, what is meant is a set of procedural actions necessary to obtain the protection of the judiciary and does not affect the right to sue. For this penalty to occur, there must be an act that necessitates it, such as the plaintiff’s negligence in performing a specific duty, such as his negligence in following up on the disputed actions. The problem of this study begins with searching for the definition of the penalty of considering the dispute as if it did not exist, as it is a penalty that leads to the expiration of the dispute. Does this penalty occur by force of law or is it a discretionary matter for the court? What are the effects that result from it and are they the same effects that result from the penalty of dropping the dispute?