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Procedural burden in civil litigation (comparative analytical study) | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 29, Volume 16, Issue: 2 part 1, September 2025, Pages 637-666 PDF (1.11 M) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2025.187835 | ||
| Authors | ||
| Haider Salah Gatea* 1; Asaad Fadel Mandeel2 | ||
| 1College of law university of alqadisiyah | ||
| 2College of Law / University of Al-Qadisiyah | ||
| Abstract | ||
| The debate intensifies from time to time and the disagreement sometimes escalates over the distinction between rights, duties and procedural burdens; to the extent that jurisprudence is sometimes unable to distinguish between them, due to the strong relationship between them. The duty and the burden fluctuate in the area of litigation, sometimes the duty turns into a burden, and sometimes the burden becomes a duty, and it is no secret to anyone that this has a clear impact on the course of the litigation and the achievement of justice. On this basis, setting the dividing line between legal concepts and knowing its real impact on the litigation is the most prominent thing that this research paper has tried to achieve. The problem of the research becomes clear through the flexibility of the procedural burden. If the consensus is that the procedural burden has no legal effect on doing or not doing it, then there are places where the procedural burden jumps in terms of obligation and function, to result in what may result from violating procedural duties, and this in itself is a major problem; then the will may play a role in making the duty a burden and the burden a duty, and what results from this process of effect, in addition to this, reversing the procedural burden from one side to another is a possible matter and has effects, so this research paper came to address the effects resulting from all these issues | ||
| Keywords | ||
| procedural duty; procedural right; litigation; procedural burdens; procedural mediation | ||
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