فكرة الدفع بعدم القبول: عن طبيعته و نظامه القانوني

Abstract EN

Specifically, this study in this article aims to reveal what the defense of non-acceptance as the most controversial and differentiated means of defense, because of what raises the defense of non-acceptance as a means of defense in the judicial difference and doctrinal difference regarding its nature and legal, procedural system.

in this first level, and we concluded from it that the defense of non-acceptance is independent of a special subjective nature, that distinguishes it from the substantive and formal defenses, and not only highlights the character of independence in its essence and nature, but goes beyond to Its penal function- Its reflection on judicial litigation -, in terms of its different legal effects from some of the neighboring procedural penalties, and we chose to compare its effects with the effects of nullity and fall for the sake of comparison and approach, and we concluded that the plea with non-acceptance is characterized by a diversity of its forms explicitly the text: such as the defense non-acceptance of the case, the defense Non-acceptance of the appeal, which occurred outside the deadline, etc.

As for the second level of the study, the course of the research focused on defining the legal system for non-acceptance defense and the overall rules that govern and regulate it.

This is due to the judiciary's great roles in highlighting its legal and procedural system and explaining the ambiguity surrounding some of its provisions