إثارة القاضي للجزاء الإجرائي : قراءة قانونية على ضوء الممارسة القضائية

Abstract EN

This study aims to highlight the important decisions and practices of the judicial experience about the issue of procedural sanction that courts raise its application in case of procedural irregularity occurrence along the procedural measures.

when extrapolating the legislation regulating the lawsuit, we find that the Algerian legislator has ensured all its procedures with procedural sanctions to be applied in case of violation of the formal requirements by which the procedural actions are initiated to pursue the judicial dispute to its end and so extending the protection of the litigant’s right or legal situation.

however, this requires avoiding overdoing the form of these procedures to the point of wasting the substantive right specific to the judicial claim.

therefore, the establishment of a balance between compliance with these procedural rules and the preservation of the objective value of rights is needed.