دفوع عدم القبول في الدعوى المدنية استنادا لقانون أصول المحاكمات المدنية و التجارية رقم 2 لسنة 2001

Abstract EN

This study aims to clarify the nature of the defenses of nonacceptance of the civil lawsuit and to know the cases that fall within the scope of these defenses and their relevance to the public order, and to identify the legal nature of this defense and the criterion for distinguishing it from the mixed defenses, in addition to identifying the legal provisions and rules governing those defenses.

And how to raise it by the litigants and/or the competent court according to the nature of the payment, and explain the implications of raising the non-acceptance payment and the issuance of the judgment in it, the extent to which that judgment is appealable, and knowing the most important practical applications and Palestinian judicial decisions on the subject.

The problem of the study lies in the doctrinal dispute about the legal nature of the defenses of non-acceptance.

Therefore, the problem of the study is represented in the following problems and questions: Is the non-acceptance of the civil lawsuit a formal defense or a substantive defense, or is it an independent defense? What are the cases of inadmissibility defenses and how relevant are they to the public order? What are the legal provisions that regulate raising those defenses and the implications of raising this defense on the fate of the civil lawsuit? The researcher used the descriptive analytical approach by describing the legal reality to push back the organized inadmissibility within the scope of the Civil and Commercial Procedures Law No.

2 of 2001 and its effective amendments, and then analyzing the legal texts related to legal defenses and reviewing the most important practical applications and judicial rulings and researching the problems that may arise on this subject.

This study was divided into two sections, the first topic was discussed about: the legal regulation of defenses of non-acceptance in the civil lawsuit, and the second topic was talked about: the effects of raising the payment of non-acceptance on the civil lawsuit.

The research reached a set of results, the most important of which are: The defense of non-acceptance is a means of defense whose mission is to deny the right to the lawsuit and its existence, and it is directed to any of the conditions of the public or private lawsuit, and aims to deny the opponent’s authority to file his lawsuit and deny the authority of the court in the consideration of this lawsuit, as We concluded that the cases of defenses of nonacceptance differ in terms of their relevance to public order according to the nature of each plea, and that the judgment issued regarding defenses of non-acceptance is subject to appeal if the request was submitted before entering into the basis of the case and was submitted in accordance with the procedures established for the establishment of the lawsuit, And that the effect of passing the judgment accepting the plea not to accept the civil lawsuit leads to the demise of the litigation procedures and the demise of all other legal effects resulting from the establishment of the lawsuit, in addition to the demise of the effect of the interruption of thelimitation period, the filing of the lawsuit is not considered conclusive for the term of the statute of limitations.

The researcher also reached recommendations, the most important of which is that the Palestinian legislator should reorganize the legal texts related to defenses and separate them and expand the regulation of the provisions and rules of defenses of non-acceptance and indicate their types, especially those related to public order, where he was limited to referring to them through the text of Article 90 only of the Code of Civil and Commercial Procedures No.

2 of 2001.