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Obstacles to accepting appeals against civil judicial rulings | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 15, Issue: 2 part 2, December 2024, Pages 829-854 PDF (1.42 M) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2024.185032 | ||
| Author | ||
| Sabaa Yeheya Younis Al-Obaidy* | ||
| Imam Ja'far al-Sadiq University - Kirkuk Branch | ||
| Abstract | ||
| The procedural legislations have drawn up the path of appealing civil judicial rulings with certain conditions and mandatory periods and given them the status of obligation, making them mandatory rules of public order, in addition to establishing a legal organization for appealing rulings that included obstacles to accepting appeals against civil judicial rulings to maintain balance and secure the interests of the opponents. The Iraqi legislator attached great importance to the claims of dissolution and sanctity and excluded them with a special text, making them an exception to the obstacles to accepting the appeal after the expiry of the legal period We adopted the analytical approach to the texts of the Iraqi Civil Procedure Law No. (83) of 1969, as amended, and the Public Prosecution Law No. (49) of 2017, and compared it with the UAE law by Federal Decree-Law No. (42) of 2022 issuing the Civil Procedure Law, in addition to adopting the applied approach by referring to judicial applications whenever necessary. | ||
| Keywords | ||
| Appeal; The inevitability of appeal periods; Obstacles to accepting the appeal; Dissolution and sanctity claims | ||
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