التعليق على نص المادة 831 من قانون الإجراءات المدنية و الإدارية

Abstract EN

The litigation procedures before the administrative judiciary are characterized by the inequality between the two parties due to the precedence privilege had by the administration.

one of the most important conditions set by the legislator is the term close.

since the latter is in the interest of the administration, the legislator, through the civil and administrative procedures law issued in 2008, tried to devote more protection to the plaintiff.

in this context, article 831 of this law, subject to comment, was issued, which poses several problems in terms of its application against a set of positive legal effects for the plaintiff in the administrative case.

one of the most important problems raised by the text of article 831 is the limited scope of its application, but one of its most important positive effects is the abandonment of the theory of certainty that was enshrined in the civil procedures law of 1966.

on the other hand, the notification procedure was stipulated in the new civil and administrative procedures law as a starting point for calculating appointments.

one of the most important effects of applying the text of article 831 is that the deadline for filing an administrative lawsuit is not considered part of the public order.