THE SCOPE OF PROCEDURAL ACT NULLIFICATION IN THE CODE OF CIVIL AND ADMINISTRATIVE PROCEDURES
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Abstract
Nullification is considered one of the most significant procedural sanctions for violations affecting procedural acts. However, its impact has expanded beyond merely annulling the defective procedure to potentially collapsing the entire litigation in most cases.
For this reason, the Algerian legislator has undertaken efforts to mitigate the severity of procedural nullification by adopting a set of rules commonly upheld in most legal systems. These include the principle of "no nullification without a legal provision," the possibility of rectifying procedural acts subject to nullification, and the principle of "nullification can only be invoked by the party for whose benefit the rule was established," all while respecting public order principles.
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References
First: Laws
• Law No. 09-08, dated February 25, 2008, concerning the Code of Civil and Administrative Procedures (Official Gazette No. 21, dated 23/04/2008).
• French Code of Civil Procedure, Decree No. 123/75, dated 05/12/1975.
Second: Books
Fathi Wali, The Theory of Nullification in Procedural Law: A Foundational and Practical Study, Al-Halabi Legal Publications, Cairo, 2nd Edition.
Nabil Omar, Law of Civil Procedure, Al-Halabi Legal Publications, 2008 Edition.
Ahmed Abu Al-Wafa, The Theory of Defenses in Procedural Law, Part One, Al-Maaref Establishment, Alexandria, 1980.
Abdel Hakim Fouda, Procedural and Substantive Nullification in Civil and Commercial Procedural Law, Dar Al-Fikrwa Al-Qanun, Egypt, 1999.
Mostafa Magdy Harja, Defenses in Procedural Law, Mahmoud Publishing House, Cairo, 2016.
Ahmed Muslim, Principles of Procedure and Judicial Organization, Dar Al-Fikr Al-Arabi, Cairo, 1980.
Bashir Mohand Amokran, Civil Procedure Law: The Theory of Litigation, University Publications Bureau, Algeria, 2001.
Boudeif Adel, A Concise Explanation of the Civil and Administrative Procedure Law, Volume One, First Edition, Click Publishing, Algeria, 2012.
Abdel Rahman Barbari, Explanation of the Civil and Administrative Procedure Law, Baghdadawi Publications, Algeria, 2009.
Fadhel Aich, Explanation of the Civil and Administrative Procedure Law, Amin Publications, Algeria, 2008.
Third: Articles
Aghlis Bouzid, Proof of Damage from Procedural Defect Leading to the Nullification of Investigation Procedures in Administrative Justice Disputes, Doctoral Thesis, Law Specialization, Faculty of Law and Political Science, Mouloud Mammeri University, TiziOuzou, 2016.
Layeb Leila and Ali Khouja Khaira, The Legal System of Nullification in Algerian Civil and Administrative Procedure Law No. 09-08, Journal of Law and Humanities, Algeria, Issue 01, Volume 11.
Ahmed Atiya, Procedural Defect and Its Effect on the Validity of Judicial Litigation Procedures, Journal of the Faculty of Islamic and Arabic Studies for Girls, Alexandria, Volume 4, Issue 34.
Bouasmaha Sheikh Boujlal Fatima Zahra, Nullification Under the Civil and Administrative Procedure Law, Journal of Research in Law and Political Science, Ibn Khaldoun University, Tiaret, Algeria, Issue 06, 2017.
Omar Zoudah, The Nullification System in the Civil and Administrative Procedure Law, Supreme Court Journal, Documentation Section, Issue 02, 2012.
Aghlis Bouzid, Proof of Damage from Procedural Defect Leading to the Nullification of Investigation Procedures in Administrative Justice Disputes, Doctoral Thesis, Law Specialization, Faculty of Law and Political Science, Mouloud Mammeri University, TiziOuzou, 2016.
Suzan Mohammad Shahada Al-Armouti, The Substantive Defect and Its Effect on Nullification of Judicial Procedures, Master’s Thesis in Private Law, Faculty of Law, Middle East University for Graduate Studies, Kuwait, 2009.
Fourth: Conferences and Seminars
• Khamous Nawal, Formal Nullification of Procedures in Civil Matters According to the Code of Civil and Administrative Procedures, National Conference on the Legal System of Non-Substantive Defenses Raised Before Civil Courts, Faculty of Law and Political Science, Abdel Rahman Mira University, Bejaia, 12/12/2018.
Fifth: Foreign References
CREMIER (L), Theoretical and Practical Manual of Civil Procedure, Vol. 2, Paris, 1997.
BONCENNE (P), Theory of Procedure, Vol. III, Hachette Livre, 2016, p. 25.
BROUILLANT (J.P), The Nullities of Criminal and Civil Procedures Compared, Précis DALLOZ, 1996.
SOLON (V.H), Theory on the Nullity of Agreements and Acts of All Kinds in Civil Matters, Vol. 2 (Classic Reprint), Paperback, 2020.