شروط صحة الخصومة في دعوى إبطال تصرفات المدين خلال فترة الريبة

Abstract EN

According to the Law, Filing lawsuit by those who have the right against thrie litigants is one of the most important conditions in establishing a lawsuit.

Antagonism in the lawsuit is connected to the public order, and the invalidity of which causes the lawsuit to be repelled.

Its allowable to pose antagonism invalidity rebuttal at any phase of the lawsuit and the court has the right to pose this rebuttal.

Thus we must determine who have the right to file the lawsuit concerning the invalidity of bankrupted debtor during distrust period, and to determine the competent court and the period during which the lawsuit must be filed.

This study covered the antagonism validity conditions and reached the result that the right to establish such lawsuit is limited to the bankruptcy trustee as being the representative of creditors, The creditor cannot file this lawsuit, moreover, neither the bankrupted person nor the person to whom the disposal is made during distrust period have the right to file this lawsuit, The defendant in this lawsuit is the person to whom the bankrupted debtor made the disposal during distrust period.

This suit cannot be held against the bankrupted debtor because he loses his legal capacity once the pronouncement of the judgment is made.

This study reachesd the result that the lawsuit in the case of bankruptcy can be filed only after the pronouncement of the sentence declaring bankruptcy status.

If it's filed before, it's considered premature and deserves rejection, The person(to whom the disposal is made) can' after the end of bankruptcy, request the bankrupted debtor to perform his obligation.

The lawsuit ends with bankruptcy cessation of creditors interest, simple conciliatory settlement, conciliatory settlement resulting from bankrupted debtor act of relinquishing his assets, or as a result of cessation of creditors union status.

Accordingly trustees don't have the right to file the lawsuit or proceed its continuation after the cessation of bankruptcy status.