The college of law at the University of Baghdad discussed the doctoral dissertation in the private law of the student (Zainab Adnan Tawfik), tagged with (the impact of the idea of public order in civil litigation – an analytical study), on Thursday, 19/9/2024 on the conference hall at the college.
The dissertation aimed at obtaining judicial protection and achieving effective justice between the disputants and not prolonging the proceedings in accordance with the principle of economy and protection, conditions were set for it so that the procedure would produce its legal effects. If these conditions were violated or one of them failed, the procedure was invalid.
The thesis included three chapters, the first of which dealt with the impact of the idea of public order in the terms of the civil lawsuit, the second chapter dealt with the impact of the idea of public order in the scope of jurisdiction, and the third chapter dealt with the impact of the idea of public order in the scope of defenses and proceedings.
The dissertation came up with several recommendations, the most important of which is to propose to the Iraqi legislator to include an explicit provision in the Civil Procedure Law regarding the obligation of the court to raise public order on its own, even if the opponents do not request it, and the text of the proposal is as follows: “the court and on its own to raise public order in the civil case, as the opponents have it at any stage of the case, it proposes to the Iraqi legislator to take what the Iraqi court of Cassation halal is halal and Haram is haram, it cannot change By changing the place and time.
