شرط المصلحة في دعوى الإلغاء دراسة مقارنة ( الأردن – فرنسا )

Abstract

Studying the interest in the action of cancellation is related to the development of jurisprudence and this is what we are going to study in this research so that it can be easily for us to clarify the principles which control such interest from the provisions of justice which paved the way for interest to get developed, especially what has been considered by the high court of justice. This topic has been discussed through two approaches: The first covers what the condition of interest is and it identifies the interest as a term and it goes through its characteristics. The second approach clarified the interests which are protected by the cancellation action through detailing the interests of individuals, employees and bodies and then focuses on the time for estimating this interest. The result of this study is that the French Council of State was permissive with the condition of interest and it enlarged the circle of interests which justify accepting actions from the individuals and bodies more that that allowed by the high court of justice. We believe that the recommendations of this study will lead to expand the umbrella of judicial protection we need so that it can achieve the objective of legitimacy as well as the legitimacy of the private interest.