السلطة التقديرية لمحكمة الموضوع تجاه الدفوع : دراسة مقارنة

Abstract EN

There is no doubt that the trial judge, who is considering the civil action, will face the objections, either by the litigants or raised by himself, that the defenses are the procedural means that the legislator allowed the opponent to respond to his opponent's requests, whether related to the proceedings of the litigation or were directed to the subject of the claimed right Or related to the case.

In order for the judge to resolve the case in the midst of this confusion of procedural rights, he must enjoy the necessary authority that enables him to reach the real fact that the defenses are one of the most important means that affect the change of course for the purpose of reaching the decisive judicial ruling of the lawsuit.

These defenses are varied and varied.

They may be formal, objective or related to the right to initiate proceedings.

They may be related to public order so that they can be paid by the litigants or the court and at any stage of the proceedings and may not be related to public order so that they are limited to the litigants without the court intervening to raise them The discretionary power of the subject court to defenses is widening and narrowing according to the type of defenses.

The Court's authority extends with regard to public order defenses while the Court's power is limited to defenses that are not related to public order.