الThe Executive Power of Reconciliation Records in Iraqi Law

علي, نعيمه كمال; Qadir, Dahir Majeed

doi:10.37651/aujlps.2023.140719.1011

	الThe Executive Power of Reconciliation Records in Iraqi Law
Journal of Anbar University for Law and Political Sciences
Article 13, Volume 13, Issue : 2 part 1, September 2023, Pages 346-374 PDF (751.09 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2023.140719.1011
Authors
نعيمه كمال علي^* ; dahir majeed qadir
كلية القانون- جامعة صلاح الدين- أربيل
Abstract
Summary The Executive Power of Reconciliation Records in Iraqi Law Litigation ends normally on ruling on subject matter of the suit. It is the natural result of the procedures of litigation. However, it may not reach this goal and ends before that at the will of the opponent parties. The will of the parties has a main role in the judicial litigation, in particular, in civil disputes. And the judicial reconciliation is one of the legal means to end litigation by the will of the parties. The judicial reconciliation proved a great affectivity in reducing the burden on the courts and eliminate slow litigation and speed in resolving disputes because resort to courts in the usual way of settlement in disputes, though; However, the consequences of litigation behavior are in favor of one party at the expense of the other. Consequently, conciliation is closer to justice as each party knows the truth of its position in the dispute. Accordingly, reconciliation on the consent of them achieves justice that judicial judgment does not achieve with regard to one of them. For this reason, judicial conciliation and the way of reconciliation was organized and documented in the modern legislations; and the reconciliation records are regarded as executive documents have necessary execution power before its parties plus executive authority.
Keywords
: reconciliation,,; ,،enmity,,; ,،judiciary,,; ,،reconciliation records,,; ,،executive power

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