The plea of inadmissibility in a civil suit: A study in Libyan procedural law and comparative law

Abstract

The plea of ​​inadmissibility is a means by which a defendant may respond to a plaintiff's claims in a civil suit. However, the Libyan legislator failed to regulate it within the Code of Civil Procedure, which constitutes a deficiency in the regulatory balance of pleas in this law. This has sometimes led to contradictions among judicial rulings concerning this plea. Hence, the importance of this research lies in its attempt to clarify the nature and provisions of this plea in Libyan law, through an examination of some comparative legal systems and the rulings of the Supreme Court, which has referred this matter back to fill this legislative gap. This was achieved through two sections: the first addresses the nature of the plea of ​​inadmissibility, while the second addresses its provisions. We arrived at several conclusions, the most important of which is the recognition of the independent nature of the plea of ​​inadmissibility, given that its subject matter is the denial of the plaintiff's authority to exercise the right in the suit. Furthermore, the grounds for this plea and its legal nature cannot be confined to a specific scope. Finally, a preliminary ruling establishing the validity of raising this plea does not exhaust the jurisdiction of the court of first instance to adjudicate the dispute if the Court of Appeal decides to overturn the ruling. The latter must return the case to the court of first instance and not address the dispute itself, in accordance with the principle of Two-tier litigation is a matter of public order.