دور النية في تصحيح الإجراء القضائي المعيب : دراسة مقارنة في ضوء قرارات القضاء العراقي

Abstract EN

If the civil Law does not neglect the subconscious (intention) in the interpretation of contracts, then this intention is almost without effect on the procedural Laws, as these Laws do not care about it.

This research seeks to give a role for the intention in order to correct the defective procedural work.

This intentioned can be memorized either by supposition, or by questioning the opponent, and the aim is to reduce cases of invalidity and simplify for mality.

but the introduction of the intention with in the scope of the procedural law has its conditions.

It is imperative that the defective procedural action can be corrected and that the correction does not result in harm.

In order to understand all the foregoing, we dealt with all this in two sections.

In the first section, we dealt with how to purity the intention and its purpose.

In the second section, we discussed the conditions for adopting the intention procedural law.

We reached several conclusions and recommendations that we deposited in the conclusion of the research, which the research claims is the first study within the scope of procedural laws.