الشروط الموضوعية لقبول الدعوى المدنية على ضوء التشريع

الملخص EN

The conditions for accepting a lawsuit are considered to be an important issue, mainly related to the procedural aspect of the Civil Procedure Law, which was initially regulated by the Civil Procedure Act of 1966, after the independence of Algeria and a legal vacuum was restored.

Which imposed the issuance of a decree to continue to apply the old texts only in contradiction with national sovereignty.

The application of the legal texts regulating the conditions of acceptance of the substantive case has raised some problems, which has been controversial between jurisprudence and the judiciary as the legal nature of the interest.

There fore, Law 08-09 of civil and administrative procedures includes some reforms and changes such as those related to eligibility, It is noted that the circumstances that led to the issuance of the old text are no longer in place today and in their demise, it is therefore necessary to remove the legislative texts that they required.

The study focuses on defining the substantive conditions for accepting a lawsuit by focusing on Law 08-09 on civil and administrative procedures and attempting to compare the provisions of the 1966 Civil Procedure law.

key words: Status; Interest; Autorisation; Eligibility; Public ordre.