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The nullity of the preliminary phase the judgment

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documents in English
case study
4 pages
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Validated by
  1. Introduction
  2. The different categories of nullity
  3. Interaction between the different categories of invalidity
  4. Procedure for obtaining the nullity
  5. Timing of the nullities should be raised
  6. The effects of the annulment
  7. Conclusion

Jurisprudence has devoted substantial early nullities. Then, an Act of 1897 instituted 8/12 textual nullities. Infringement of defense rights has gradually become the criterion for determining existence of substantial nullities (Cass, 12/06 1952, Imbert). The substantial nullities have been described as nullities of private interest, but evidence of a grievance was quick to be extended to certain textual nullities. The distinction between nullity Private and public order was then supplanted the old.

In 1958, the CCP has created new textual nullities and regulated the nullities of the preliminary investigation in Articles 170 to 174-1. By the law of 6/08 1975, the legislature introduced an article 802 confining the imposition of a nullity to an irregularity actually harm the interests of the party. This law applies only nonentities Private. The laws of 1993 and the 4/01 24/08 1993 abandoned the distinction seemed to want to give birth to a section 171; jurisprudence, taking advantage of the vagueness of the text, however, has not diminished

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