THEORY OF LEGISLATIVE VACUUM IN PRIVATE INTERNATIONAL LAW (AN ANALYTICAL, INFERENTIAL STUDY ON THE IMPACT OF INTERNATIONALLY ACCEPTED PRINCIPLES ON THE STRUCTURE OF IRAQI LAW)
Journal of college of Law for Legal and Political Sciences,
2019, Volume 8, Issue issue 31 part 1, Pages 418-453
AbstractAnalytical and inferential study on the general principles of international private law on the structure of the Iraqi legal systemThe Iraqi civil code provides that " if there is not any provision (in this code) ....." This provision opens the door for the following prepositions-1) the Iraqi legislature and even the comparative oneadmits the possibility of legislative vacuum through the phrase (if there is not any provision (in this code).....2) the legislative vacuum is not only restricted to the vacuum in the enactment but also possible in the other resources of law i.e the legislation, custom, the principles of Islamic jurisprudence and the norms of justice.3) the legislative vacuum may be stemmed from the policy of the Iraqi legislative of adopting western law which may compatible with its western environment may contradict totally with the Iraqi social and economical environment.4) the constitutional provision that " Islam is the source of legislation " may sometimes has no applicable realities.5) the art of coining the legislative rules may be one of the factors that may lead to legislative vacuum by dividing the legal rules into flexible and inflexible rules , since the latter leaves no space to the judge in its application.
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