الطبيعة القانونية لنقل الدعوى المدنية

Abstract EN

The transfer of the civil case is one of the guarantees stipulated in the civil procedures law, and this guarantee is achieved by extracting the case from the court originally competent in it and which was brought before it to consider it to another court for justifications determined by the legislator, and this procedure has its own legal adaptation as it is a procedural defense method that arises in a dispute a list that does not affect the origin of the right nor the right of the plaintiff in the lawsuit, i.e.

the legal protection granted to the plaintiff.

therefore, it is not considered a deferred payment because the adjournment does not change the court that decided to take it, while the transfer of the action means the transfer of the tasks of its consideration to a court to a court other than the one to which it was initially filed.