Defenses in accordance with the Law of Procedure

Defenses in accordance with the Law of Procedure
Payment is a language: payment is the language of the item "payment", so it is said that something was paid to him and he paid it, then he rushed, meaning a cut.
It also means faster, so it is said that the Ace rushed faster in its course.
It also means warding off evil, so it is said that God defended you from evil, i.e. asked Him to ward off evil.
And defending means procrastinating.

Conventional and legal payment: Payment is a means of defense for the litigant - whether he is a plaintiff or a defendant - that he uses it to prove that his opponent's claim is unfounded, with the aim of avoiding the judgment of this opponent with what he requests and claims, and the multiplicity of defenses means the multiplicity of defense means, so it is imagined that the defenses are directed - as means Defense - to the litigation or its procedures, to the original right claimed, or to the litigant authority to use his lawsuit.

Payment with the court of cassation court: the payment in the court of cassation court is a lawsuit by the defendant or by whom the defendant is litigating against him, intended to pay the litigation on his behalf or to nullify the plaintiff’s lawsuit in the sense that the defendant becomes a plaintiff if he comes with a payment and the first plaintiff returns to a second plaintiff upon payment.
Called the payment and the problem of correct legal conditioning
Adaptation of the payment means defining its type, the defenses, and as there will be three types of “formal - objective - pleadings of non-acceptance.” This plurality and difference means - obviously - that each of these types has its own provisions that apply to it without other defenses, so determining the type of payment seemed an important issue. Very, the problem is that some are ignorant of the distinctive standard of the type of payment, so
The study of the types of defenses seemed to be an important matter, which we will cite at the time.
Defenses sections:
Defenses are three types or sections that the jurisprudence settled upon
Section One: Formal Defenses.
Section Two: Objective Defenses.
Section Three: Non-acceptance pleadings.

Section One: Formal Defenses
What are the formal defenses:
Formal defenses are the defenses that are directed to the litigation procedures with the intention of obtaining a judgment terminating the lawsuit without prejudice to its subject matter - the claimed right - and at the very least, postponing the adjudication of the case.
The formal defenses deal - as means of defense, as we know the defenses in general - to the judicial litigation procedures, and by the judicial litigation procedures we mean the procedures for filing and circulating the case before the court of the matter, and the intention of presenting the formal defenses to the judicial litigation procedures is to ensure that these procedures are correct and that they are in accordance with the correct law. So that if it is proven that one of these procedures violated the law, the court would rule on the validity of these procedures or not without addressing the subject matter of the right in which the lawsuit was filed, and talking about formal defenses from a practical point of view requires a good study of the procedures for filing and circulating the case before the trial courts so that the lawyer is Ali Accurate complete familiarity with these procedures. If a procedure appeared to be defective, the formal defense was ready to respond to this defect that had encountered the procedure.

Can formal defenses be enumerated ...?
The general rule governing the formal defense is that this defense is attached to the procedures of the lawsuit, so where the defect is in the procedures, the payment directed at this defect is a formal one, and this means that these defenses cannot be counted and limited exclusively, the goal of the matter is to return to the text of Articles 108 and 109 of the Law Pleadings and other texts of the Procedural Law, which indicated some examples of these formal defenses:
1- Defenses of lack of local jurisdiction.
2- Defenses for referral for engagement.
3 - Defenses for referral to the dispute unit.
4- Defenses of nullity.
5- Defenses of lack of state jurisdiction.
6- Defenses of lack of specific jurisdiction.
7- Special defenses due to the case value.
8- Defenses of invalidity of lawsuit newspapers
9- The defenses of invalidity of the summoning papers.
10- The defenses regarding the claim as if it were not for its various reasons.
11- Defenses related to the lapse of the litigation.
12- Defenses of eligibility for litigation
13 - Defenses for accelerating the litigation.

The legal system for formal defenses and how to deal with them Provide a response.
There are rules governing formal defenses, these rules determine how to deal with them, and we mean dealing with the payment, a statement of how the payment is shown, how it is expressed and when it is expressed, and in another view how to respond to the payment, and now we deal with those rules after the text of Article 108 of the Law of Procedures, which is being texted. The plea of ​​lack of local jurisdiction and the plea of ​​referring the case to another court for the same dispute before it or for the connection and nullity payment and all other defenses related to the procedures must be made together before any request or defense in the case is made or a plea of ​​non-acceptance, otherwise the right will be forfeited in what has not been expressed from it. Defenses if he does not express them in the appeal document.
Judgment on these defenses shall be made independently unless the court orders their inclusion in the subject matter, and then the court shall clarify what it has decided in each of them separately.
All aspects on which the defense related to the procedures are based must be shown together, otherwise the right will be forfeited
As it did not appear.
The first rule: the formal payment is shown before addressing the subject, otherwise the right to hold on to the payment lapses
The nature of the formal defense in terms of being a plea directed at the litigation procedures necessitated that this defense be shown first and before the subject matter of the lawsuit is exposed, so that if the defense is valid, the case lapses and at the very least the procedures are corrected, so the lawsuit does not remain hostage to a payment that may appear after the court has made an effort and wasted time that is difficult to say To recover it, so the street was firm and resolute when it decided that the formal payment appears before dealing with the issue, otherwise the right to adhere to the payment will be forfeited.

A special application for payment: the plea of ​​not announcing the case sheet on time in accordance with Article 70 pleadings prior to its amendment by Law 75 of 1976 from formal defenses not related to public order, and the adherent to it must make it before speaking on the subject matter of the case, otherwise the right to it will be forfeited and this plea remains valid if it is shown correct What is not removed by the adherent, expressly or implicitly.

Another application related to payment: the pleading to invalidate the case sheet to ignore the plaintiff is in the pleading law