مدى التباين في شرط المصلحة بين الدعوى المدنية و دعوى الإلغاء : دراسة تحليلية مقارنة

الملخص EN

This article deals with the extent of discrepancy between the civil action and interest in the cancellation action.

For, there are some commonalities and differences ensued from the legal nature on which the cancellation action is based.

The cancellation action is the contrast between the extent of legitimacy in the administrative decision and it is, unlike civil action, not based on a personal right.

This is the rationale behind the difference regarding the legal base of both actions, and hence the discrepancy between legal and judicial rules and those conditions that are conducive to the dismissal of the interest between the two.

The article has also dealt with practices that determine those conditions where interest is dismissed in both actions due to the existence of obvious causes that lead to the dismissal of civil action relating to judicial verdict and the reconciliation between the defendant, wavering of the right, and its abolition.

On the other hand, in the cancellation action the dismissal of interest conditions manifests in fulfilling the interest of the appellant, withdrawal of the administrative decision retroactively, and the emergence of realistic circumstances after their submission, which leads to the abolition of the interest and then the issuance of a new decision to repeal the old decision.