The Judicial Council's response to the conflict in the Algerian Code of Civil and Administrative Procedure
DOI:
https://doi.org/10.58916/alhaq.vi.241Keywords:
Appeal, Transferable effect of an appeal, Response, Devisive judgement on the subject of dispute, Decisive judgement in a formal defenceAbstract
The work of the appellate body - the Judicial Council - under the provisions of the Code of Civil and Administrative Procedure is based on two regulations. The first is the system or principle of the transferable effect of an appeal, as stipulated in article 340 of the Code of Civil and Administrative Procedure, and the second is the right to response to the conflict, as stipulated in article 346. These are two different systems, which the first based on a decisive judgement on the subject of the dispute, while the second is based on an appeal against a decisive judgement in a formal and contentious defence, each of which has different implications for the Judicial Council, on the one hand, and for the parties, on the other.
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List of sources and references:
Sources:
- The Algerian Constitution of 1996 amended in 2020.
- The Algerian Code of Civil and Administrative Procedure.
- The French Code of Civil Procedure.
- The Code of Civil Procedure.
- The Code of Civil Procedure.
- The Egyptian Code of Civil Procedure.
- Decree No. 2017-891 of May 6, 2017, art. 12, relating to exceptions to incompatibilities and appeals in civil matters. Official Journal of May 10, 2017.
Scientific books:
- Ahmed Abu Al-Wafa, Civil and Commercial Pleadings, Al-Maaref Establishment in Alexandria, Egypt, 1990.
- Nabil Ismail Omar, The mediator in the appeal and its procedures in civil and commercial matters, Dar Al-Jamia Al-Jadida for Publishing, Egypt, 2001.
- Ibrahim Al-Barghouthi, Implementation of Judicial Rulings and Guarantees of the Good Conduct of Justice, Palestinian Center for the Independence of the Legal Profession and the Judiciary, Palestine, 2014, p. 81.
- Abdel Aziz Hadri, Appeal of Civil Rulings in Moroccan Legislation, Part Two, Effects of Appeal, First Edition, Moroccan Security Press, 2009, p. 301.
- Albert Fettweis, Civil Procedure Manual, Faculty of Law of Liège, 2nd edition, 1987.
- A. Boudahrain, The voices of recovery in civil matter, ed SECEA. 1986, Casablanca, Morocco.
Scientific notes:
- Abdel Halim Mohamed Abdel Halim Ananba, Litigation at one level before the Court of Appeal, a comparative study, a thesis for a doctorate in law, Department of Civil Procedure, Faculty of Law and Political Science, Beirut Arab University, 2016.
- Samia Makhlouf, The transfer effect of the appeal and new requests, a lecture at the end of the training, the National Bar Association, the regional branch of lawyers in Tunis, the judicial year 2014/2015.
- Jean-François Escourrou, The instance of appeal in the civil procedure, The Doctorate of the University of Toulouse 1 capital, 2017.
Scientific articles:
- Shabl Ismail Attia, Effective Justice in Civil Procedures from the Perspective of Islamic Jurisprudence and Law - An Original Applied Study on the Egyptian Code of Civil Procedure, Tanta Faculty of Sharia and Law Journal, Issue 37, Part One, 2022.
- Al-Bashir bin Ismail, The System of Confrontation: Any New Introduced by the Draft Civil Procedure Code, Legal Guidance Journal, Issue One, 2017.
Websites:
- Youssef Al-Dahmani, Amin Al-Dahmani, The Relationship of Litigants' Rights to the Rules of the Good Conduct of Justice - Any Judicial Governance -, International Law and Business Journal Website: www.droitetentreprise.com, Access Date 04/22/2024 at 08:30.
Judicial effort:
- Decision of the Supreme Judicial Council of Morocco No. 1450 in file No. 4257/85 issued on 06/14/1989, the complete collection of the Supreme Judicial Council magazine, No. 44, 1990, p. 64.
- Cassation.16 November 1973. Pas. 1974. I. 293 and J.T. 1974, 209.
- Court of Cassation, Civil Chamber 02,28 June 2006-05-19.156, published on the website of Légifrance.fr on 04/23/2024 at 08:30.
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