أحكام الخلافة بالصفة في دعوى الإلغاء : دراسة مقارنة

الملخص EN

The annulment suit is of great importance, as it provides judicial protection for personal interests and legal positions and prevents the administration from being arbitrary or deviating from the rules of law regulating its work.

Since this suit includes litigation between a natural or legal person who adjudicates with administrative authority, it is expected that the natural person will be killed, his capacity is diminished, or the representative capacity of others is removed from him, such as in the case of dismissal of guardianship or the dismissal of a lawyer.

The matter is achieved for the legal person in several cases, such as dissolution, bankruptcy, and forced liquidation.

In all the foregoing, the most important question arises about the succession in the capacity in the case, it may be a succession in the substantive capacity in connection with the disputed right, and it may be a succession in a procedural capacity when another person succeeds to appear before the court and follow up the proceedings of the case until a final judgment is issued.

It may be difficult when there is more than one heir for the deceased, or there are multiple obligations related to the inheritance.

It can be said that the legal provisions will have appeared when the cause of the succession is realized, the most important of which is the court's duty to ascertain the capacity of the litigants and their representatives, and to verify that they have the necessary capacity to litigation, as well as to ascertain the interest that is rightly considered a necessary condition for accepting the case and continuing its procedures.

After that, the effects specified by the legislator will be achieved by the procedural laws, most notably the suspension of procedures until the completion of the real representation of the person concerned and the invalidity of any action taken during their absence.

The administration may also file an appeal in relation to the successor, requiring the non-acceptance of his request for succession.

The Law of Discipline of State Employees has specificity in this regard, as it is noted that the accountability ceases immediately with the failure of the objective character of the erring employee, and the ending of the case, whatever the stage it has reached, except if the ct interest in continuing with that ployee's position and its impact on of his heirs.