Formal in some Iraqi laws and the impact of its failure to

Iqbal Yassin Al-Mashhadani, Muhammad

doi:10.37651/aujlps.2010.15726

	Formal in some Iraqi laws and the impact of its failure to
Journal of Anbar University for Law and Political Sciences
Article 1, Volume 1, Issue 1, 2010, Pages 414-437 PDF (447.42 K)
DOI: 10.37651/aujlps.2010.15726
Author
Muhammad Iqbal Yassin al-Mashhadani
Abstract
When talking about the first formal Maitbader to mind the laws of the Code of Civil Procedure, and the Code of Criminal Procedure, and rules of the organization of the administrative court. However, when we study the formal as a legal concept in the light of the division of legal rules, on the subject, hand Matorteurh of the principles of the rules of formal and substantive rules, and when set the substantive rules as: (those rules that take structured objective of legal relations, it shows the rights and duties and how tion, use and termination (1)). We recognize that, except for this type of rules is the rules of formality, though the formal concept seems much broader than the concept that Nhzareth law proceedings, and the rules of criminal procedure and their respective branch of the laws of formality. And be logical that any legal text, and wherever found is not of those texts that develop structured objective of legal relations, and I determine the rights and duties, and I determine how they arise, use and termination, can count the legal text of the texts of form and that contained within the laws that are of substantive law such as the Civil or Commercial (2)). the importance of research and justification: impact played by the formal rules in the laws, especially the formal laws as law of Civil Procedure and other laws which predominantly objective such as the Civil in the life of the individual and society , as a link between the rules of substantive law and the rights established by individuals, and between individuals themselves, as without it is difficult to access the right to his companions, and the impact of the consequent failure of the formal, for these reasons and others, I found the importance of addressing this issue, and because of this importance was our choice (formal in some Iraqi laws and the impact effects) subject to search. structural Find: based on the concept of rules of form, which is all the text of a legal Aigrr substantive rights, and Ayda structured objective of legal relations, and Laibin rights and duties, and how they arise and use, and its expiry, we we will discuss the law of pleadings as the backbone of all laws of form, and because the rules of form is not limited presence on the laws of form, but there are also substantive law, we will look to in some objective laws, and because the formal role to play in practical life, and that its failure to arrange legal implications, we will look to their role and the effects of underdevelopment, and position them , all in the Study independently, as follows: The first topic: the formal proceedings in the law. The second topic: the formal in some of the substantive laws of Iraq. The third topic: the role of the formal and the impact of its failure to

Statistics Article View: 2,794 PDF Download: 465