رقابة القاضي أثناء النظر في الدعوى المباشرة : دراسة في التشريع الجزائري

Abstract EN

The means of maintaining the general guarantee of the creditors represented in the indirect lawsuit the fictitious lawsuit and the right to imprisonment aim to protect the rights of the creditors and facilitate their collection from the debtors money and this is when the latter performs legal actions that seek to harm the rights of the creditors and thus the objective one of these means is to achieve the preservation of the debtors money that has failed to implement his debts it is considered a safeguard and protection for the creditors rights because it gives them a general guarantee on the debtors money except in the case of a right of preference and priority established by law in addition to the prescribed means for protecting the rights of creditors there is another legal means it is a direct lawsuit that cannot be subject to these means but rather has a special and independent legal system which is what made the subject judge before him in this lawsuit have the authority to exercise exceptional judicial control over it whether in its procedural or substantive aspect however it appears that this authority is not absolute in all cases rather they are subject to controls and restrictions that the judge is required to respect to controls and observe during his consideration of the direct case brought before him.