The effect of the legislative drafting on the understanding of the text and its application in the Companies Act No. 21 of 1997 amended "Analytical study "

Abstract

No doubt that the legislative formulation has a clear impact on the understanding of the text and its application whether positive or negative. The more the text of the legislative text is smooth and correct, the easier it is to understand and apply the text, and vice versa.  So it was optional for me : (Understanding the text and its application in Companies Law No. (21) of 1997 model " Analytical study") through the definition of legislative drafting, the characteristics that must be characterized by the legislation, and the stages in which the drafting goes away from the defects of the formulation, whether formal or objective, to become Legislation A dress worthy of the society that should be worn.

    In addition, there are many reasons that led us to go into this subject, especially the amendment made by the Coalition Provisional Authority to the Iraqi Companies Law No. (21) of 1997 by Order No. (64) of 2004, which came in a somewhat strange formulation of the Iraqi legal system, Which requires the subject divided into three demands: In the first demand was addressed the definition of legislative drafting , The second requirement is to address the shortcomings of the legislative formulation, while the third requirement has been allocated to evaluate the legislative drafting in the texts of the amended Iraqi corporate law, and at the end of the research we came out with some conclusions and recommendations.