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The Role of the Judge in Legal Deficiencies A Study in Iraqi Civil Law | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 33, Volume 16, Issue: 2 part 2, December 2025, Pages 709-720 PDF (461.16 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2025.165707.1448 | ||
| Author | ||
| Hasan khamis jurid aleubaydi* | ||
| General Directorate of Education Kirkuk/ Supervision Department/ Investigations Division | ||
| Abstract | ||
| Legislative deficiencies in Iraqi civil law become apparent in practice when the legal text is ambiguous or absent. This leads to legislative deficiencies, requiring judges to resort to legal means to fill this gap. These means include interpreting the text when it is ambiguous, or resorting to other legal sources specified by civil law to address the deficiencies when the legal text is absent. To provide a clear picture of the role of the judge in addressing legislative deficiencies, we have divided this research into two sections, as follows: Section One: The Role of the Civil Judge in the Presence of a Legal Text Requirement One: The Case of Ambiguity Requirement Two: The Case of Conflicting Legal Texts Section Two: The Role of the Civil Judge in the Absence of a Legal Text Requirement One: The Role of the Judge in Using Civil Law Sources to Address Legislative Deficiencies Requirement Two: Evaluating the Position of the Iraqi Legislator in Addressing Legislative Deficiencies | ||
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