المنازعات القضائية الاستعجالية في مادة التعمير و البناء

الملخص EN

Judicial disputes related to the area of reconstruction and construction can be an objective dispute in the sense that the judge considers the origin of the disputed right and thus takes judicial decisions arguing the concerned issue.

Such a judicial dispute may also be an urgent dispute resulting in certain reticent and temporary measures so that to avoid consequences that would cause a loss in which it would be difficult to repair it in the future, especially in the area of construction and reconstruction.

The aim of this urgent judicial proceeding is to protect the current situation of legal status waiting for the final decision concerning the case by the trial judge.

Consequently, the emergency judge, when considering the urgent case concerning the reconstruction and construction, he issues urgent orders containing provisional measures that do not affect the subject matter of the dispute or the origin of the right.

Such an emergency case may also be the prerogative of the ordinary emergency judge if the parties of the dispute are persons of private law as it may be also the prerogative of the administrative emergency judge if the public administration is a party in the dispute.