الدفع بعدم الاختصاص المكاني في دعاوى التطليق للشقاق بين النظر و التطبيق

Abstract EN

This article deals with the issue of the defense of lack of spatial jurisdiction in issues of divorce and the theoretical and practical problems it raises.

On the first side, there are those who considered that spatial jurisdiction in divorce cases apply to it the requirements of the civil procedure law, and there are those who considered divorce as the same as divorce and the requirements of the Family Code apply to it.

On the other hand, the judicial work of the subject courts consecrated the first orientation, while the Court of Cassation approved in many of its decisions the aforementioned approach, but in a unique decision according to the limits of my knowledge, it adopted the legal basis regulating the spatial jurisdiction of divorce cases on the applicant and if he was a spouse, the requirements of the Article 79 of the Family Code, but if she was a wife, the requirements of Chapter 212 of the Civil Procedure Code will applied on her.