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Electronic litigation and its role in reducing procedural slowness in civil litigation (comparative study) | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 14, Volume 15, Issue: 1 part 1, March 2025, Pages 385-401 PDF (649.9 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2024.153379.1346 | ||
| Authors | ||
| Thamer Saleh Hamad* ; Taima Mahmoud Fawzi Al-Sarraf | ||
| University of Mosul/College of Law/Department of Private Law | ||
| Abstract | ||
| The procedural slowness in civil lawsuits is an eternal problem that our judicial system suffers from, so the laws being compared have created a procedural solution that contributes in one way or another to reducing the slowness of litigation procedures, which is represented by adopting the electronic litigation system, and not relying on traditional litigation only. This Unless the Iraqi legislator adopted it because it excluded all judicial procedures from the scope of the Electronic Signature and Electronic Transactions Law, and the Supreme Judicial Council recently tried to confront the above problem. In addition, there are many obstacles that prevent the transition to electronic litigation, including legislative obstacles, technical obstacles, And administrative obstacles. The current judicial system does not accommodate technological developments in the judicial process through the use of electronic litigation, which requires legislative treatment to benefit from modern means to reduce the problem of procedural slowness. The analytical approach was relied upon, which is based on analyzing legal texts and the comparative approach, as a comparison was made with the UAE Federal Civil Procedure Law No. (42) of 2022 in force and the Egyptian Economic Courts Establishment Law No. (120) of 2008 in force and amended by Law No. (156) of 2024 | ||
| Keywords | ||
| Procedural slowness; electronic litigation; electronic signature law and electronic transactions | ||
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