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Objection of other outside the rivalry on the cancellation rule ( a comparative study) | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 7, Issue 4, 2015, Pages 400-448 | ||
| Author | ||
| Alaa Ibrahim Mahmoud al-Husseini | ||
| Abstract | ||
| ABSTRACT The subject of objection of other outside the rivalry is one of the procedural issues in the administrative law , as it important in the protection of acquired rights and the stable immanence legal centers that may un touched by the cancellation rule , and may lead to its vanishing , modification or damaging . So for that the legislator in Iraq or simile countries become accustomed to give the others the possibility of abjection on the rule sequestered in the end of the case , as he isn’t represented in that case not nobility nor substitution in the cancellation case , but the Iraqi legislator regulate this path which is one of the revision of the provisions in the code of civil procedure because of the absence of the law on administrative procedures in Iraq , because of that we dealing with this subject in this study and we hope the Iraqi legislator to turn to the importance of establishing logical and procedural laws specific for the Iraqi administrative law . The subject of our study signify to give the chance in front the others for the objection on the cancellation rule and saying beside that considered as contrary to justice and rationality and it is contrary to constitutional principles that related to equality in front of the law and judgment , also this study take the definition of who is considered as a stranger from the cancellation case or at least consider himself too , whilst the effect of issued rule extend to him without him intervention in it or votes by his pushes and subtract of his evidences and the issuance rule causes a damage for his legal position , the searcher try to establish the origin of cancellation subject moreover than the study in the Iraqi laws and comparison , and the concentration on the importance and vindications of the objection of the others on the cancellation rule moreover than being subject to legal adaptation to others objection and is the vilification on the rule causing waste of res judicator power or if it is just a disputation or a complexity in the cancellation rule execution and the target is the executive force for the rule and the request from the court that export this rule to charge it in away that it not tagging the others acquired rights and it is legal position . One of the requisites of the legitimacy principle is to reassure the individuals on their rights and their legal positions . and this reassurance is unwavering by a case he didn’t know it is viewed in front of judgment . One of the things that rollup the searcher attention that the Iraqi administrative law accept in its precision , new and old one , the others objection , but it be forced to came back to the civil proceeding law no(83) to year 1969 exactly the predation of the article (224) and after that which is a situation certainly revealing the development of the Iraqi administrative judiciary , and its accompaniment to it is French counterpart in this point in away giving a justice guarantee to the Iraqi citizen who don’t found any cover from management execution to judgment rule unless returning to the judgment it self . | ||
| Keywords | ||
| objection; cancellation rule; outside the rivalry | ||
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