الآثار القانونية لبطلان عريضة الدعوى المدنية : دراسة مقارنة

الملخص EN

The civil lawsuit does not end with the issuance of the judgment in it, but the law arranges its effects by the invalidity of its petition, by resorting to the usual methods of appeal, each of the objection to the judgment in absentia, as a result of the court’s ruling on hearing one of its parties, here the law gave this way to ensure the right of the absent party to object to the judgment issued by The Court of First Instance is before it again, after which it has made sure that the objection petition satisfies all its formal procedures, despite the fact that the Iraqi legislator did not provide a text specific to it, but rather followed the general rules.

The judgment or its amendment, without prejudice to the right subject matter, or Appealing an appellate petition, if one of the parties finds that the ruling in the case is not in his interest, then he has the right to appeal it again by reforming, amending or reversing it, provided that there is no arbitrariness or harm to the other party, before a court of a higher degree than the Court of First Instance, taking into account its procedures for filing the case, which he did not reject.

The legislator has a provision for it, as well as the role of the parties in their presence when the court considers it, and not arranging any results that conflict with the inability to consider the dispute again and ensuring that the claimed right is not affected.