The Role of the Judge in Legal Deficiencies A Study in Iraqi Civil Law

Aleubaydi, Hasan Khamis Jurid

doi:10.63677/jqlap.2025.165707.1448

The Role of the Judge in Legal Deficiencies A Study in Iraqi Civil Law

https://doi.org/10.63677/jqlap.2025.165707.1448

Volume 16, Issue: 2 part 2
Autumn 2025

Pages 709-720

AL-Qadisiya Journal For Law and Political Sciences

Document Type : Research Paper

Author

Hasan khamis jurid aleubaydi

General Directorate of Education Kirkuk/ Supervision Department/ Investigations Division

Abstract

Legislative deficiencies in Iraqi civil law become apparent in practice when the legal text is ambiguous or absent. This leads to legislative deficiencies, requiring judges to resort to legal means to fill this gap. These means include interpreting the text when it is ambiguous, or resorting to other legal sources specified by civil law to address the deficiencies when the legal text is absent.
To provide a clear picture of the role of the judge in addressing legislative deficiencies, we have divided this research into two sections, as follows:
Section One: The Role of the Civil Judge in the Presence of a Legal Text
Requirement One: The Case of Ambiguity
Requirement Two: The Case of Conflicting Legal Texts

Section Two: The Role of the Civil Judge in the Absence of a Legal Text
Requirement One: The Role of the Judge in Using Civil Law Sources to Address Legislative Deficiencies
Requirement Two: Evaluating the Position of the Iraqi Legislator in Addressing Legislative Deficiencies