الدفع بمرور الزمان المانع من سماع الدعوى : دراسة مقارنة

Abstract EN

The guarantee of the right of defense requires that the procedural organization that governs the conduct of the proceedings in the case not be dependent on the will of the litigants .Therefore, we find that the legislator has set conditions that must be met to accept the lawsuit, and Contraindications must be removed in order for the lawsuit to be admissible.

And the means of adhering to this barrier is to push not to accept the lawsuit over time, and to push over time has suffered from a real crisis as a result of its mixing with the payment of statute of limitations, and considering them synonymous expressions in terms of legislation, jurisprudence and the judiciary, There is a difference between submitting the passage of time as a payment of non acceptance and payment of prescription as an objective payment, the first leads to the disappearance of judicial protection and the second leads to the disappearance of legal protection and the fall of the substantive right.