Expedited enforcement of orders on petitions in the Yemeni Civil Procedure and Enforcement Law “A Comparative Study

Abstract

It is understood that the law has obliged that litigation be before the courts with their known procedures. However, it has permitted another means that is easier and less complicated than the means of litigation, in response to the necessity and speed that requires surprising the opponent with a precautionary or temporary measure, without following the normal adversary procedures.This method is called petition, which can be used in specific cases in which the courts use their jurisdictional authority to extend judicial protection to those entitled to them through expedited implementation procedures. The judge obtains this authority from the authority of the ruler who appointed him in  the position of judge. An order on a petition is a decision issued by the competent judge without confrontation or reason, based on a petition submitted by the concerned party in cases where this is permissible, including an order for temporary action, permission to undertake legal action, precautionary action, approval of an action, or appointment and oversight in matters that must be subject to judicial oversight, all in accordance with the rules regulated by procedural law.