The fall of the procedural right, its concept and cases, an analytical study in Iraqi law | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Volume 13, Issue: 2 part 2, December 2023, Pages 237-275 PDF (1.1 M) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2023.142643.1059 | ||
| Authors | ||
| Cardo Muhammad Amin Faki Muhammad* 1; Ismail Namiq Hussein2 | ||
| 1The court | ||
| 2College of Law/University of Sulaymaniyah | ||
| Abstract | ||
| Summary In this research, we dealt with the concept of fall of the procedural right and distinguishing it from other legal situations, such as invalidity, non-existence, and non-acceptance. For this reason, we followed an analytical approach to study the subject in Iraqi law, especially in the Civil Procedure Law, and we concluded through this study that the Iraqi legislator did not define the meaning of fall of right as a legal concept, but rather dealt with it as a penalty and effect resulting from not exercising the right in the specified time. To practice it, or as a consequence of practicing it in a way that does not comply with what is required by the legislator, noting that the penalty for fall of right is considered One of the most severe and dangerous procedural penalties, where when the procedural right falls, the substantive right with its two elements (indebtedness and responsibility) falls with it, and the opponent cannot claim it again. So we suggested to the Iraqi and Kurdistan legislators (in the event of amending the Law of Proceedings) to define the concept of fall of right and its cases accurately, because fall of right is one of the most serious penalties facing the right holder. | ||
| Keywords | ||
| Dropp off; pleadings; Procedural; judiciary; right | ||
|
Statistics Article View: 2,239 PDF Download: 36 |
||