دعوى قطع النزاع في قانون المرافعات المدنية: دراسة مقارنة

Abstract EN

The Iraqi Civil Procedural law No 83 of the year 1969 and some of the comparative laws do not prevent this interest from being deferred.

One of the most prominent applications of the deferred interest is the dispute settlement procedure provided for in article of the Iraqi civil procedural code where the suit is given to the plaintiff who is subject to allegations by another person and outside the judiciary that he sues and disputes and sues him asking the judiciary to prove the untrue allegation and thus obtain a judicial judgment , and the defendant's right(raising these allegations) in case the defendant is unable to prove these allegations The suit of dispute settlement is negative judicial suit that provided a proof.

The defendant (raising allegations) is charged with proving the allegations as they represent an exit from the principle of voluntary litigation.

The defendant finds himself forced to appear before the court to prove his allegations.

It is a suit of a compound nature, a lawsuit, obligation suit, a protective treatment suit.

Its aim is to access to the limit of these allegations and obtain a judgment that the defendant is not entitled to raise it again.