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Adjective in procedural right | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Volume 14, Issue: 2 part 1, September 2024, Pages 902-927 PDF (875.6 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2024.149911.1262 | ||
| Authors | ||
| TAREQ ABDULAZEEZ OMAR عبد العزیز ALOBAIDI* 1; Saad Hussein Abed2 | ||
| 1University of anbar | ||
| 2College of Law- University of Fallujah | ||
| Abstract | ||
| The quality is one of the conditions for accepting the procedural right in the Code of Procedure, and the procedural right concerned in this study is the right to claim, and the quality, both substantive and procedural, is of great importance: from a theoretical standpoint, jurisprudence differed in its necessity for accepting the procedural right and in its nature and effects, and their difference was a reflection of the legal position. Its direction fluctuates. From a practical standpoint, setting standards for capacity facilitates and speeds up the resolution of judicial disputes, and regulating capacity clearly shows the extent of the state’s respect for human rights and protection of the weak party. The research addresses the problem of confusion between capacity and capacity on the one hand and interest on the other hand. It also addresses the problem of setting a standard for the existence of capacity and setting separations and boundaries. Between its effects, the effects of eligibility, and the effects of interest, the condition of interest does not completely replace it, as capacity is a legal basis for accepting the procedural right and for exercising the procedures. We have adopted the inductive and original research approach and the comparative approach as ways to address the problem. In this research, we have proposed amending the text of Article Four of the effective Iraqi Procedures Law No. 83 of 1969. | ||
| Keywords | ||
| capacity; interest; procedural right; right to lawsuit | ||
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