الدفوع بعدم القبول : بين الواقع العملي و الإطار القانوني و الاختلاف الفقهي

الملخص EN

The defenses of non-acceptance as a means of defense in the litigation remain subject to practical contradiction and juristic conflict in some of its points, despite the fact that the Algerian legislator, in issuing Law No.

08-09 containing the Civil and Administrative Procedures Law, has addressed the void in the matter law No.

66 -154 containing the Civil Procedure Code, and that is by allocating to it an existing chapter in itself, namely, the third chapter of Chapter VIII of the first book of it, where it was intended to define and clarify its provisions, both in relation to the dates of their excitement, and the authority of the judge in relation to the public order thereof in all of Articles 67, 68 and 69 Of it, except that it was not specified by an explicit text of its nature nor the effects of the separation thereof, this has led to the continuation of the controversy around them, which led us to shed light on them by defining what they are by defining them and defining their nature, as well as presenting its various provisions, not to mention the effects of separation in them, exploring in this the practical aspect of some of them, describing the jurisprudent opinion about them, analyzing legal texts.

Referred to and other texts complementary thereto.