Overview

The right to sue is a fundamental procedural right enabling legal subjects to protect their legitimate interests. However, the rules of civil procedure are marked by a formalism that is sometimes rigid and sometimes complex. This raises the question of whether the right to be heard on the merits of a claim is an effective right to ensure the protection of subjective rights. Inadmissibility is therefore an instrument for streamlining proceedings, which despite its virtue, contains symbols of struggle between the parties to the proceedings and the ideal of fair justice. This paper focuses on the elements of the defense that undermine the right to sue. The search for a balance between the parties to a lawsuit sometimes leads to legal measures that constitute bickering. Each party must therefore be skilful in protecting its interests.

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