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Legal rooting of the principle of procedural integrity | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 19, Volume 15, Issue 1, June 2024, Pages 473-496 PDF (490.97 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2024.183583 | ||
| Authors | ||
| ahmad mushtaq talib jabaar* ; Assad FADHIL MANDEEL ALJAYYASHEE | ||
| College of Law, Al-Qadisiyah University | ||
| Abstract | ||
| In this study, we will examine the legislative and jurisprudential concept of the principle of procedural integrity, as the concept of this principle is not clearly defined and the Iraqi legislator did not address it explicitly and directly in the Civil Procedure Code, and the blurring of the concept of this principle resulted in confusion between its concept and other concepts that share some characteristics and the goals it seeks to achieve with the principle. The importance of the study appears to be that it addresses one of the important aspects of procedural law, which is the aspect of protecting the principles of law against the use of judicial procedures in a manner inconsistent with their purpose. This issue has importance in its direct impact on the courts’ implementation of the role assigned to them in achieving justice, as the study is an expression It is an attempt to reach a complete, clear and frank study of the principle of procedural honesty in the Code of Procedures, as it is the law most in need of this principle. We aspire that this thesis will contribute, even if only to a small extent, to clarifying the principle of procedural honesty and explaining its features and role in the law. The problem of this study is the clear legislative deficiency in addressing and regulating the principle of procedural honesty, as we find that its real existence in the Code of Procedure is questionable and unclear. | ||
| Keywords | ||
| procedural integrity; The procedural good faith principle; Abuse of the right to litigation; Prompt and just justice | ||
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