Implicit judicial provision and its validity for forced execution (comparative study)

  • DR. Yasser Basem Thunawi
  • Saddam Khazal Yahya

Abstract

The laws of comparative civil Procedure contain conditions that must be met in the judicial system in order to be implemented in accordance with the methods established by the laws. The judicial decisions when they are issued contain all the disputes (Parties to the proceedings), the reasons for the judgement, the claims and the defences cited by the opponents, as In essence, judicial decisions are a declaration of the Will and obligation of the Court to express them and thus the provision of legal effects.
          That the provisions grant judicial protection of rights and legal status with their explicit expression, yet the judicial judgement may be separated by an issue contained in the substance of the provision without explicitly expressing it, so-called implicit judicial judgement, if the court makes a ruling that the defendant is obliged to execute the TZ or arising from a contract of sale such as payment of the price, does this mean that the sentence in the judgement contains a decision on the validity of the contract and that it fulfilled its elements and conditions?
 

Published
May 10, 2018
How to Cite
THUNAWI, DR. Yasser Basem; YAHYA, Saddam Khazal. Implicit judicial provision and its validity for forced execution (comparative study). Tikrit University Journal for Rights - مجلة جامعة تكريت للحقوق, [S.l.], v. 2, n. 3, p. 93-160, may 2018. ISSN 2663-8983. Available at: <http://tujr.tu.edu.iq/index.php/t/article/view/27>. Date accessed: 18 nov. 2019. doi: http://dx.doi.org/10.25130/t.v2i3.27.