شرط المصلحة في دعوى الالغاء : دراسة مقارنة
Author name:
مثنى احمد جاسم الشافعي
Supervisor name:
ماهر صالح علاوي الجبوري
General topic:
Law
Specific topic:
Administrative Law
Degree:
Master
University:
University of Baghdad - Faculty Of Law - Department Of Public Law
Language:
Arabic
University location:
Baghdad
First pages:
13T155 - p.pdf
Abstract:
The canceling claims is important directed appeaadministration resolutions to investigate its safety by law in the extend meaning . For the importance of this claim which deem the evidence to transfer in between the administration and contrary to law , where the Iraqi justice needs like this compration studies and the canceling claim has some special properties than ordinary claims , so for each claim certain properties to accept and when the benefit condition from essential conditions to accept any claim in general and to accept any canceling claim especially , because it has an judges differ than any one must satisfied , so we hope to study this condition . This study divided in to introduction chapter include first research deal with identifying canceling claim and properties . While the second research customized to nature of claims , in first chapter we studied the aspect of benefit and conditions which include first research deal with concept and importance . while the second research include conditions and times of available . The second chapter customize to study the types of benefits in the canceling claim and the payment nature for absence , as whell the philology role and administration justice . Where the benefit in canceling claim more than ordinary claims don’t depend on individual right for the claimer other wise to individual property of appeal man came from the activity practiced , where these properties unable to fixed and increase by increase in activity. The benefit in ordinary claims has capability to limitation by return to types of rights protected. There is individual benefits like (owner benefit and commercial works , also members of religious and so on). Which has the result of extend from the concept of benefit . in addition to employees and committees benefits either common or private type , they could hold two types of claims , the first private claim in protection of individual benefits , and the second private claims with protection of contribution benefits . in case of individual benefit . for one member or others employed , there isn,t hold the claim instead where it may be entered side by side in the claim for the condition of didn,t more any request in reviewing the claim by the name of member and delegated by himself. The nature of payment with absence of benefit , there are two sides , one see its is objective and other see its payment by acceptance . the Egyptian administration justice select the objective payment , where Iraqi justice do like this, while the French justice divided the rejection payment in to two types progression and objection , the first one include payment by absence the benefit .
Summary:
13T155 - A.pdf
References:
13T155 - R.pdf
