شرط الصفة في الدفوع بعدم مشروعية تفتيش المساكن : دراسة مقارنة بين النظام الأمريكي و الفرنسي

Abstract EN

home search is one of the highest invasions of individuals' rights and privacy.

this study addresses the issue of determining to whom the search is proven regarding the issue of objection to nullify home search.

the American and French systems are chosen as a basis for this study for their richness in this field and for their different legal systems with various methodologies.

also, it aims at enriching the poor Arab jurisprudence on this subject.

this study is one of the first to deal in detail with such topic as it adopted a comparative analytical methodology in merging, and not diverging.

it concluded to : - the nature of so-called housing found a near agreement through the courts' applications in both systems.

- French legislative system of objects adopted the necessarily establishing of the standing before discussing the object subject.

In the American system, the standing requirement is discussed considering the objection subject.

absent clear legislative clauses in france for the third-party rights to object to nullify and the convictions by strasbourg court urged the judiciary system to interpret privacy-related clauses.

thus, some interpreted the establishing the standing while others interpreted the lack of such standing.

US supreme court relied on clear criteria in defining such standing ranging between expanding and tightening such laws.

both researchers recommended the French legislation to interpret its clauses and explicitly allow others to object nullifying the search to prevent any convictions against France by strasbourg court, and to have US supreme court reconsider its ruling for the treatment of standing as a requirement included in the object subject regarding its feasibility or merit.