General conditions for the validity of formal defenses in Iraqi and Lebanese law

Abstract

Formal defenses are the means by which the opponent resorts and challenges the validity of the lawsuit procedures without affecting the essence of the right claimed by the other party. Thus, he temporarily avoids being judged with what this party requests, such as answering that the lawsuit was filed with a court without jurisdiction or was filed with an invalid procedure. These formal defenses are those in which the opponent challenges the legality of the lawsuit procedures with the intention of disrupting its progress without affecting the essence of the substantive right on which the plaintiff relies. Given the importance of formal defenses in protecting the defendant’s right, they rise to the level of the lawsuit and are one of the aspects of their uses, especially when the opponent challenges them in a lawsuit. The legality of the lawsuit procedures with the intention of disrupting its progress and not affecting the substantive right on which the plaintiff relies, but he is exposed to the invalidity of the procedures by which the lawsuit petition was filed. These defenses have a concept, rules, and applications that will be the focus of our treatment in this scientific study.