أثر الأهلية على الخصومة القضائية

الملخص EN

For the right procedure of sue the introductive request of instance must have three element ( person, object, cause) and the parts of instance should have the legal capacity, the legislator established in the article 64 of civil and administrative procedure code has qualife the legal capacity as a condition for the right sue, and in lack of the legal capacity the nullity of the procedural acte is prononce, this kind of section is the same in the french juridical système establish at the article number 117 on the french civil procedure code.

We have two type of sanction for missing or chaging of the legal capicity the first is in Article 64 of the civile and administrative procedure code provide that the sanction is the nullity of sue when the legal capicity is missing and the second is in article 210 form the same code wich is the interruption of the instance However we reproach to the legislator do not have defined at the article 64 wich kind of legal capacity is omitted and sanctioned by nullity is it the capacity to enjoy or the capacity to take legal actions?