أثر التسبيب الجزئي على قرار الحكم : دراسة تطبيقية مقارنة

Abstract EN

Having reasons for the judicial verdict that are clear and confidential are very vital thing when the Supreme court takes these reasons to make a final decision.

Without these reasons، the Supreme Court cannot monitor its legitimacy in applying laws.

It is true to say that there are reasons that give the verdict its clear legal spirit.

So that، the judge must state and clarify all the kinds of reasons( realistic as well as legal).

He has to mention real defenses and the legal evidences as well as the source from which he has got his opinions.

This will give the impression that the judge has done all that is needed to reach a essence of the truth to be acquainted with everything regarding the given case.

This defect is like any other infraction that the law has a punishment because of cancellation.

The research confirms that the Iraqi law does not put any text as a clear punishment for this infraction، unlike any other laws which state the punishment clearly and unquestionably.

Moreover، this punishment is not applied for the cases of the partial causation.

It is applicable for the realistic causes only.

The legal causes are to be completed and later to be approved by the judge if they are not effective and vital in the determining the result of the verdict.