دور القاضي المدني في الصلح و اثاره القانونية : دراسة فقهية و تطبيقية

الملخص EN

the reconciliation is most important regulations adopted by several States, mainly Saudi Arabia before referring a case to the courts between two disputing parties, because it reduces in - social terms- hatred and Promoting tolerance to a large extent among disputing parties whatever the type of rivalry was, if it succeeds, it will led to reconciliation among all related parties.

So we stressed in this research the need to find a party of interest on the orders of reconciliation before resorting to the courts in Iraq or in other countries.

on the other hand, there are the burdens become too many and abnormal ills rests with the judiciary due to the continued increase in the number of lawsuits which caused confusion in the work of the judge.

and lack of focus in the study guide and speed make decisions that are set aside most of discrimination in courts, so the procedures of reconciliation have been handled I front of the related judge and the mechanism of activating the reconciliation and offering it to the disputing parties, in spite of Iraqi judiciary has not many reconciliation decisions which caused impediment to support research judicial decisions except in limited conditions which had been brought and referenced detailed in the research, It is no secret that the researchers were resorting to clarify issues and reconciliation proceeding before the Iraqi judiciary with reference to what the corresponding in-law or comparative judicial system trying to push the need to give the subject of reconciliation importance it deserves based on what has been mentioned above justifications, defending of the idea of researchers in the need to establish a corporation to offer reconciliation and organizing and released before resorting to the courts.