الأثر الإيجابي للتعديل في نصوص قانون المرافعات العراقي على ضوء قانون رقم (10)‎ لسنة 2016

Abstract EN

It is necessary that the rule contained in the legal text within the framework of the law of civil pleading in force is an echo and a reflection of the reality of social life, so the legislator must monitor the facts of life and understand them properly and clearly, and then evaluates and weighs them it in clear-cut meaning with content consistent with the rest of the texts that regulate The same topic is organized at times and with the vocabulary of the same text at the same time again, otherwise these texts were the subject of legislative amendment; In response to the requirements of justice in the field of litigation, which has a positive impact on society.

With legal texts inadequate, either in terms of their ambiguity or in terms of the lack of response of its ruling to address a specific incident, justice will require attention to those texts and their treatment within the framework of the organization of the civil procedure law.

And in the absence of paying attention to those texts by the legislative amendment, many negative impacts will be seen from us, including the burden of those dealing with civil justice procedures, to reach a correct understanding of them, or the issuance of conflicting rulings, or a waste in the litigation procedures may be achieved; Therefore, the amendment should be a legislative innovation stemming from the community’s need, whether this amendment was made by replacing the text of a law elsewhere, or by adding a new paragraph to an existing legal text