القواعد الأصولية للصفة و المصلحة في الدعوى الإدارية

الملخص EN

As it has been noted the Jordanian jurisprudence and judiciary settled their mind to merge the Capacity with the Interest in the Administrative cases by virtue of the point that it’s not of necessity for the cancellation case, regarding Interest, to depend on a right of the plaintiff.

However, we decided to make this research considering this conclusion approved to be populated by most of the jurisprudence and administrative judiciary, is untrue, as there are prominent and original differences between the Capacity and Interest even in the cancellation case.

Hereupon, we have decided to share the research of this concern in order to identify its essential original aspects, hoping through this to elucidate some points that became impenetrable, as a contribution with our viewpoint on this precise concern.

This research consists of an introduction and three chapters.

The First Chapter discusses the capacity in administrative cases and is divided into two sections.

The First Section : covers capacity definition and the effect of the administrative cases in expanding it.

The Second Section : covers the relation between the mediation in the administrative cases, including the power of attorney, and the Capacity of it.

The Second Chapter discusses the interest in the administrative cases and contains the two following sections : The First Section : covers Interest definition and the effect of the material evidence of the cancellation casein relation to it.

The Second Section : covers the conditions, range, nature and types of Interest.

The Third and last Section : includ the discussion of the relation between Capacity and Interest in the administrative cases, and the differences between the two of them.

also This section is subcategorized into two parts: The First Part : the relation between Capacity and Interest.

The Second Part : the original differences between Capacity and Interest.

Finally, we come to the end of this research with a conclusion that summarizes all its contents, in addition to a list of the references and indexes.