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Towards a specialization of the rules of jurisdiction in Iraqi law (A study on personal status issues) | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 10, Volume 16, Issue: 1, March 2026, Pages 241-286 PDF (968 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2025.165249.1605 | ||
| Author | ||
| Nafea Bahr SULTAN* | ||
| Professeur assistant à l’école de droit/ Université de Fallujah/ Irak | ||
| Abstract | ||
| The specialization of jurisdiction rules in matters of personal status is a distinct legislative phenomenon, both locally and internationally. This research attempts to reveal the inadequacy of Articles 14 and 15 of the Iraqi Civil Code to establish the international jurisdiction of Iraqi courts to hear disputes arising from international family relationships. It seeks to explain the theoretical and practical justifications for specialized regulations and to select the best legislative method in relation to countries that have undertaken the experiment of specialization in this area. It is necessary here to draw attention to the fact that the treatment of the topic (Towards Specialization of Jurisdiction Rules in Iraqi Law) is limited to explaining the justifications for specialization and its legislative methods in the field of personal status lawsuits. As for research into the specialized jurisdiction rules and their content, it was the subject of an independent study. Accordingly, the study in this text is divided into three sections: The first section deals with the theoretical justifications for specialization in the jurisdiction rules; the second section examines the practical justifications for specialization in the jurisdiction rules; and the third section refers to the legislative methods for specialization in the jurisdiction rules. | ||
| Keywords | ||
| International jurisdiction; Personal status; Specialization; Principle of extension of jurisdiction; General and exceptional criteria of jurisdiction | ||
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