Malicious lawsuit as a means of abusing the right to litigation in the code of civil and administrative procedures of algeria

Abstract

The theory of arbitrariness in the use of the right is of great importance in the world of law in general, and in civil procedures in particular, and this importance emerged after the ramifications of life and became more complex as conflicts increased and complicated the ways to solve them, when people have converted from their normal nature and several images of legal tricks have been emerged. Dodgers aimed at trying to blur the facts and put obstacles to the solution of discounts. In order to control the use of the right to litigation, there must be a way to force the deviation to its normal limits. Hence, the theory of abuse in the use of the right has entered into the procedural process, and has become the basic criterion for the use of procedural rights is the right of litigation

Keywords: Right to litigation, Theory of arbitrariness, Legal tricks, Civil procedures