Rules of international jurisdiction in matters of personal status (Towards a specialization of the rules of jurisdiction in Iraqi law)

SULTAN, Nafea Bahr

doi:10.63677/jqlap.2025.165281.1438

	Rules of international jurisdiction in matters of personal status (Towards a specialization of the rules of jurisdiction in Iraqi law)
AL-Qadisiya Journal For Law and Political Sciences
Article 34, Volume 16, Issue: 2 part 2, December 2025, Pages 721-756 PDF (978.01 K)
Document Type: Research Paper
DOI: 10.63677/jqlap.2025.165281.1438
Author
Nafea Bahr SULTAN^*
Assistant Professor at the College of Law/University of Fallujah/Iraq
Abstract
Iraqi law does not have rules of international jurisdiction in matters of personal status. Articles 14 and 15 of the Civil Code grant Iraqi courts jurisdiction over disputes of all types. Special rules vary depending on the type of dispute and establish multiple and varied jurisdictional criteria. This research proposes a classification of personal status actions with a number of jurisdictional criteria adapted to each category, and hopes to take this into account in the future regulation of the rules of international judicial jurisdiction of Iraqi courts in matters of personal status in the Code of Civil Procedure. In fact, research into specialized jurisdictional rules requires an understanding of the justifications for specialization and its legislative methods. This issue was previously studied in a separate text. Since the jurisdictional rules in personal status cases are diverse, depending on the type of lawsuit, and include individual or multiple and diverse criteria within each rule, it is easy to divide the research into two sections: The first section examines the classification of jurisdictional rules by type of lawsuit. The second section sheds light on the multiplicity of jurisdictional criteria.
Keywords
International competence; Personal status; Specialization; Classification of actions by subject

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