استدراك قرارات المحكمة العليا من خلال الاجتهاد القضائي الجزائري

الملخص EN

The purpose of this study is to address the method of review (rectification) of judgments rendered by the supreme court when all means of challenge have been used, following a procedural error committed by the court itself or by its registry without the fault being attributed to one of the parties to litigation.

this may immediately affect the resolution adopted by the supreme court through a final judgment with the force of res judicata and which may never be subject to any other challenge.

it therefore happens that one of the parties submits a rejoinder, and the registry mistakenly attaches the said rejoinder to the file of a case other than that of the party concerned.

furthermore, there have been cases in which a judgment has been rendered upon the inadmissibility in form of a challenge lodged by one of the parties on the grounds that it was lodged outside the legal deadline.

while it is established after examination that the last day of the deadline is a public holiday, which legally requires the deadline to be extended to an official working day, which is the day on which the challenge or the rejoinder was lodged.