النظرية الحديثة للبطلان كجزاء لغياب الوجاهية في التبليغ

Abstract EN

The principle of faculty is considered one of the most important principles related to the conduct of the trial, and it is also one of the guarantees of a fair trial, because it occupies a great part of importance in the law of proceedings, whether at the local or international level, which was confirmed by the third paragraph of Article Three of the Civil and Administrative Procedures Law, which reads:...

the judge and the litigants are bound by the principle of prima facie.......

", and from it the litigation does not take place except when the two parties are fully confronted by presenting the means that the judge can decide on, where the litigant can hear him, present his evidence, and be informed of the claims of his opponent.

Therefore, through notification, the principle of faculty is fulfilled, whereby it is not permissible to take action against any person without informing him.

All procedural documents do not take effect until after they are notified, and therefore in this case the opponent has given the opportunity to know, but since the Algerian legislator has created two types of official notification, which are personal And impersonal, and stipulated the principle of faculty, to what extent has the principle of faculty achieved in non-personal communication, which is stipulated in the law.