The rebuttal of dispute in the civilian action

	The rebuttal of dispute in the civilian action
Journal Of AL-Turath University College
Article 1, Volume 0, Issue 17, 2017, Pages 110-142
Abstract
Abstract The Rebuttal of non-acceptance as a means of defense negative comes up whenever the failure of the conditions of acceptance of the action or challenge or any request, it is intended to govern the court dismiss the action or rebuttal or challenge if the failure of a condition of acceptance, has erupted controversy in jurisprudence about the nature of this Rebuttal, which led to the ambiguity of the idea of non-acceptance and Rebuttal in different procedural system which is governed. We have addressed the idea of Rebuttal of non-acceptance by definition at the level of legislation and jurisprudence and guided the jurisprudence of the judiciary about the idea of Rebuttal of non-acceptance, we have explained that the Rebuttal of non-acceptance is intended to govern the court dismiss the action without going into the subject; because to failure of the conditions required by law to accept it, and different Rebuttal of non-acceptance defenses other (objectivity and formal), although there are some points of convergence between this Rebuttal and that, Similarity Rebuttal of non-acceptance with Rebuttal objective possibility display in any phase of the proceedings does not deny there is a difference between Rebuttals on the subject of both of them, the subject of Rebuttal of non-acceptance is denial a means to protect the right objective while the subject of Rebuttal objective is to deny the right objective, and the same applies to rebuttal formal Rebuttals are non-acceptance, although met with Rebuttal formal in that decide two forbid the court from considering the subject of the action, it does not deny of differences between them in the subject and effects.

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