Waiver of invalidity in civil lawsuits

Nassif, Sakhr Ahmed; Hamdi, Zaid Saadi

doi:10.37651/aujlps.2024.149707.1254

	Waiver of invalidity in civil lawsuits
Journal of Anbar University for Law and Political Sciences
Volume 14, Issue: 2 part 1, September 2024, Pages 1224-1251 PDF (900.36 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2024.149707.1254
Authors
Sakhr Ahmed Nassif^* ¹; Zaid Saadi Hamdi²
¹College of Law and Political Science / University of Diyala
²College of Law and Political Science/University of Diyala
Abstract
The portrayal of waiver as an expression of will is inaccurate; Because, as some people imagine it to be merely an expression of the will without taking into account the content of the will itself, it is more correct to say that it is a will issued by the person concerned and do not be distracted from the fact that the law takes into account the will without its expression. Because the will has no legal value unless it comes into existence. As for the position of legislation regarding the stipulation of the idea of waiving adherence to invalidity, they differ among themselves in multiple directions. There are laws that referred to the idea of waiving invalidity and regulated it with special texts, including the Egyptian Civil and Commercial Procedures Code, which stipulates that invalidity It disappears if it is waived by the person for whose benefit it was legislated, explicitly or implicitly, with the exception of cases in which the invalidity is related to public order. To distinguish between waiving the claim to invalidity and the legal facts that negate the right to claim the invalidity, both are legal means that limit procedural invalidity. They play a role in preserving the judicial procedure. Therefore, they agree that they are means of punishment on the one hand, but they differ in several matters on the other hand, the most prominent of which is the waiver of the claim to invalidity,
Keywords
nullity; waiver; civil lawsuit

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