التبليغ القضائي الالكتروني في الدعوى المدنية: دراسة مقارنة

Abstract EN

One of the important and necessary traditional issues during the consideration of the case by the judiciary is the issue of judicial notification carried out by cadres who are appointed by the judicial council as employees in the capacity of informants in the Iraqi courts.

by a telegram referenced in urgent matters by a court decision, or notification is made through the police.

if this task is not carried out properly, the court will not be able to conduct the pleading, which leads to the case not being resolved, and thus the judiciary cannot reach its goals in order to achieve justice.

therefore, in light of the developments of the times and the prosperity of information systems and the spread of the use of modern means of communication in all areas that have become a fait accompli, everything that hinders the resolution of cases can be overcome by employing and adapting general rules in Iraqi law, in addition to amending and introducing some provisions to work with electronic means to replace human cadres in the field of conducting judicial notifications, saving effort, time and costs, and accomplishing the task in the easiest and fastest way, using advanced alternative methods such as e-mail, mobile and fixed telephones, without using fax and calcification, which have become part of the past to reach the objectives of the judiciary as it can be productive for the legal effects achieved by traditional means of notification.

in addition, keeping pace with the development of modern legislation and benefiting from the human cadres entrusted with performing these tasks in the completion of other work, and therefore the importance of the research appears so that the reporting options become according to modern means that will represent the scope of the research multiple instead of limiting it to the traditional means specified in accordance with the general rules.