النيابة القانونية عن الغير أمام القضاء المدني : دراسة مقارنة

Abstract EN

After the development of the proceedings, the proceedings are no longer the exclusive possession of the owner of the substantive capacity, since he can be represented by a legal representative or an agreement, whether to claim his right against his opponent or to defend him if he is a defendant.

All of this must be done in accordance with legal rules which should be referred to or acted upon, but these rules are not contained in a specific law, but are incorporated in various procedural or substantive laws The person is not a natural person (human) or moral, but a person when he is not a rational adult and despite the proven eligibility of the deduction that corresponds to the eligibility of the obligation stipulated in the substantive law, he does not have the eligibility of litigation that corresponds to the eligibility of performance then must He shall be represented by law as if he were a minor or prohibited from managing his property and disposing of it like a person sentenced to temporary imprisonment, life imprisonment or execution, and the trafficker who exploits his hand for the management or disposal of his property.

It may be difficult for the person to initiate the proceedings without the presence of an exhibitor who is subject to incapacity or a legal impediment, but because of a physical or physical impediment as if it were a double defect.

The law may give the right to a person on behalf of another person.

As for the legal person is a virtual person and therefore must be a legal deputy to represent him before the courts when the conflict and this moral person is either to be public or privateIn all cases mentioned above, the question arises as to who is responsible for these persons before the civil judiciary, what is the source of this prosecution, the limits of the powers of the deputy, and what is the position of the judiciary against the facts that it deals with.

All these questions will be dealt with analytical comparative study to reach specific results and recommendations that we hope will be useful in the right direction to serve the public interest in the development of Iraqi legislation.