Default of Claimant and Defendant in Civil Litigation

Claimant and defendant’s presence consequences and sanctions are different if the legislator said that their default is not any obstacle for proceeding. Current remedy is annulling the claim or default judgment. This remedy is different before Islamic Law and our past Laws and French Law. The notion of presence in Islamic Law is personal presence and so is different from its current notion. In French law, it is possible to judge as default judgment about claimant but there is many ways to reduce the number of default judgment in litigation or enforcement proceeding so that default judgment is rare. Also our past laws may be studied in different aspects. We can emphasized that having many default judgment and accepting the opposition easily is not necessarily in accordance with claimant or defendant’s rights.