Disagreement and its impact on procedural Adjective

Al-Shamary, Ali Shamran

doi:10.37651/aujlps.2024.153763.1353

	Disagreement and its impact on procedural Adjective
Journal of Anbar University for Law and Political Sciences
Article 39, Volume 15, Issue: 1 part 1, March 2025, Pages 1092-1109 PDF (643.41 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2024.153763.1353
Author
Ali Shamran Al-Shamary^*
University of Karbala / Center for Strategic Studies
Abstract
The issue of procedural succession is one of the practical issues that occupies the utmost importance in the field of procedural laws. There is no doubt that the dispute in a civil lawsuit is not a fixed dispute, but rather changes according to the procedural data that occur during the course of the case in challenging it or implementing its decisions. The character of the person (adversary): Upon the death of the plaintiff (ancestor), the rights and obligations are transferred to the successor so that he can continue the lawsuit procedures in order to preserve the acquired rights and obligations. The reason for our choice of the topic of succession is evident from several aspects, including that it is one of the important procedural topics on which there is little writing, and if there is, it is in a limited scope such that it does not address all the cases that are presented to the judiciary. This is firstly, and secondly because the estate causes disputes between the heirs themselves or between them and others, and this is what prompted us to research, investigate, and write on this topic.
Keywords
succession; lawsuit; procedural nature; general succession; special succession

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