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The Effectiveness of Procedural Sanctions in Regulating Civil Disputes | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 32, Volume 17, Issue: 1 part 2, June 2026, Pages 705-720 PDF (396.28 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2026.172884.1621 | ||
| Author | ||
| Arslan Abbas Jaber* | ||
| College of Law, Al-Qadisiyah University | ||
| Abstract | ||
| Procedural sanctions are a fundamental component of the procedural system in civil litigation. They play a crucial role in ensuring respect for the rules governing judicial proceedings and in achieving a balance between the rights of litigants and the requirements of justice. The effectiveness of procedural rules depends not only on their existence but also on the existence of legal mechanisms that guarantee compliance and address violations. The importance of procedural sanctions lies in their role as a tool for regulating the procedural conduct of litigants and limiting the abuse of procedural rights, thereby contributing to increased public trust in the judiciary and achieving legal stability. They also serve as a means of achieving procedural economy by reducing frivolous procedures and preventing the unjustified prolongation of litigation. The subject of procedural sanctions is gaining increasing importance in light of developments in contemporary judicial practice and the resulting need for a procedural system capable of reconciling the guarantees of due process with the requirements of speed and efficiency in resolving disputes, thus achieving the fundamental purpose of the judiciary: upholding rights and achieving justice. | ||
| Keywords | ||
| civil litigation; Procedural fine; Procedural Forfeiture; Procedural Nullity; Procedural Sanctions | ||
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