الغرامة التهديدية في القانون المدني العراقي

الملخص EN

The principal in the obligation is to Voluntary implementation from the debtor or forcibly if he fails to execute voluntarily.

A creditor, after demanding the execution of the debtor, has the right to resort to the judiciary to force him to execute.

The threat of fine is limited to the obligation that requires the intervention of the debtor himself and that others cannot be substituted to perform the obligation.

This is the basis and essence of the threatening fine, which is not a form of compensation or punishment, but rather a way of enforcing the law and limiting its scope of application to obligations requiring the debtor's own intervention.

The judge has the discretion to accept or reject the request for a fine if he considers that there is hope to pressure the debtor, and that the judgment does not accept the appeal in accordance with the rules of the Code of Civil Procedure, since its ruling did not end the original litigation or part of it.