الدفع بعدم القبول لانتفاء الصفة

Abstract

This study aims to examine the concept of the plea of inadmissibility based on the absence of standing, in view of the procedural significance and practical importance of this plea within the field of civil procedural law. The plea concerns the standing of the parties to the litigation, namely the plaintiff (claimant) and the defendant, as standing must be legally established for both parties. Where standing is absent with respect to either party, or both, one of the essential conditions required for the admissibility of the action is lacking.

The absence of standing consequently results in the non-existence of the claimant’s procedural right to bring an action before the court, since the right of action arises only where the legally prescribed conditions are fulfilled.

In such circumstances, the defendant merely seeks a judicial ruling declaring the inadmissibility of the claim, on the ground that the claimant lacks the legal standing required to institute the proceedings due to the absence of this essential procedural condition.

Furthermore, the notion of inadmissibility remains among the relatively ambiguous concepts within procedural law, which has given rise to doctrinal and judicial debate. This has prompted the present study to address this subject with the aim of identifying its legal implications and clarifying the issues and complexities surrounding it.