The mechanism of activating the decisive right before the judiciary in Iraqi law ( A comparative study )
Journal of college of Law for Legal and Political Sciences,
2016, Volume 5, Issue 17 part 2, Pages 772-829
For the Elimination of great importance in achieving justice, Seeks to achieve through the chapter in the conflict, And end discounts, And the resolution of lawsuits, Drawing on so tightly arguments set forth in the Code of Civil Procedure No. 13, 1969 and the Mains Evidence Act No. 107 of 1979 in the evidence, ranging from written evidence, The circumstantial evidence, Evidence and conditions, And judicial experience, Legislation and that all evidence has decided to realize the justice and litigants time out, If not found right to the right directory is weak because the directory is the strength of the right, And that is the right ransom Guide, And right when the dispute ifnot found to be a guide and nowhere is whIn spite of that, the legislation, including the law of evidence of Iraq, I decided way back up the deductible in the case, namely the (right-critical) Venzationa in Article (118) thereof,
Resorted to an opponent when its cant broke prove his case then ask the court whether he directs the right summed crucial to whether or not to? If the request was his opponent present Hfatth Court, And that the request was absent opponent sentencing commenting on defendant on the right to object when, And that the judgment issued in absentia as long as the opponent against him right on the critical request was not present. But the crucial mechanism right? As enjoyed by the Court of the authorities to prevent them? Mechanism and its alliance or refund? Or to withdraw from all its alliance?and what the effect on it? These issues are the subject of our study, which was, The very thing which is to reach its verdicts, And effects of legal, The investigation into the shortcomings, And find solutions to them.
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