Obstacles to accepting appeals against civil judicial rulings

Al-Obaidy, Sabaa Yeheya Younis

doi:10.63677/jqlap.2024.185032

Obstacles to accepting appeals against civil judicial rulings

https://doi.org/10.63677/jqlap.2024.185032

Volume 15, Issue: 2 part 2
Autumn 2024

Pages 829-854

AL-Qadisiya Journal For Law and Political Sciences

Document Type : Research Paper

Author

Sabaa Yeheya Younis Al-Obaidy

Imam Ja'far al-Sadiq University - Kirkuk Branch

Abstract

The procedural legislations have drawn up the path of appealing civil judicial rulings with certain conditions and mandatory periods and given them the status of obligation, making them mandatory rules of public order, in addition to establishing a legal organization for appealing rulings that included obstacles to accepting appeals against civil judicial rulings to maintain balance and secure the interests of the opponents.
The Iraqi legislator attached great importance to the claims of dissolution and sanctity and excluded them with a special text, making them an exception to the obstacles to accepting the appeal after the expiry of the legal period
We adopted the analytical approach to the texts of the Iraqi Civil Procedure Law No. (83) of 1969, as amended, and the Public Prosecution Law No. (49) of 2017, and compared it with the UAE law by Federal Decree-Law No. (42) of 2022 issuing the Civil Procedure Law, in addition to adopting the applied approach by referring to judicial applications whenever necessary.

Keywords

Appeal

The inevitability of appeal periods

Obstacles to accepting the appeal

Dissolution and sanctity claims