دعوى الدفع بعدم القبول في القانون الإجرائي العراقي

Abstract EN

The payment of the inadmissibility of the case is one of the important issues within the scope of the procedural law which has not received the necessary attention by the legislator and jurisprudence in Iraq, if this payment is vested in the right to institute proceedings before the judiciary.

therefore, it is one of the important subjects that result from the acceptance of the prosecution before the judiciary, preventing and restricting the plaintiff's freedom to present his claim before the competent court to hear his case.

we have dealt with this issue if we stopped at the concept and distinguish it from the other defenses in the first section, as we came to the conclusion that this kind of defenses independent and self-contained.

we also discussed the reasons that led to the emergence of this type of defenses and found that they are divided into procedural reasons we called the conditions of litigation that result in the failure to accept the petition.

and objective reasons called the term general conditions of the lawsuit, whose failure leads to the failure to accept the case or not to continue its consideration.

finally, the legal effects of this type of defenses have been found to be confined to two communities.

first, it is the inadmissibility of the case starting or continuing.

the second is the disappearance of the proceedings.

at the end of our research we were able to reach a number of results through this research, and we came out with a number of proposals that we hope will support this research study and yield results.