قاعدة ترتيب الدفوع في قانون أصول المحاكمات المدنية الأردني

Abstract EN

This study has revealed through the acknowledge of the rebuttal regulation rule, and the way of using the rebuttal in the law suite, in addition to the method used from the adversary side in order to disproof the claimant’s claim, add to mention that it is a negative defense method that the defendant does not gain from this method other than avoiding the judgment with the adversary’s demands.

The article (109) from the civil courts regulations amended by the law No.(14) of the year 2001 that the adversary before being exposed to the lawsuit subject to demand from the court to issue the judgment with the following rebuttal on a condition to present it as one payment in an independent request".

Thus, it has to show the rebuttal before entering in the lawsuit subject or the right shall be abated.

The main reason not to waste the court time by entering in the lawsuit subject through several sessions, and before issuing the judgment, where the demise of adversarial shall be revealed from the formal impulsive rebuttals which were revealed in the last minutes.

It is intended from this rule to arrange the rebuttal rule in the lawsuit of not allowing the adversaries to use the procrastinate and procrastination.

In addition, the adversary entering into the lawsuit is considered as a waver from him other than evoking the available formed rebuttals.

Therefore, it is needed from the adversary to reveal their formed rebuttals at the beginning of their lawsuit, and before entering the lawsuit subject, for this resolution will enable the court to reveal the presented formed defenses and take a decision accordingly before entering into the details of the law suit, which may avoid wasting the time.

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