Keywords : diminution


THE NULL JUDICIAL PROCEDURE AND ITS CORRECTION BY DIMINUTION AND TRANSFORMATION

Luay Abd Ul-Haq Ismail; Omer Lateef Kareem

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 39 part 1, Pages 455-483

The topic " nullity of the judicial procedure" is of great importance in the judicial work because it is an obstacle to achieving the goal of resorting to the judiciary, which is to achieve justice for litigants with minimal time, effort and expenses. In order for the judicial process to be free of defects, it must have objective and formal requirements, and this measure should not be subject to a judgment that it is null and void, and since the results of nullity are largely dangerous, therefore most of the legislation tended to follow different ways to reduce the phenomenon of Nullity. The fact that the Iraqi legislator did not regulate the topic of procedural invalidity through a general theory with uniform provisions. Nevertheless the procedural nullity has been legislating at multiple sites, but legislate neglected an important way to correct the void judicial procedure of correcting by transformation and diminution.