No judicial judgement

  • Ahmed Sabah Ghadeer Hassan

Abstract

The rule is that when a judicial judgement is issued, it remains in place and has its effects, the most important of which is the authority of res judicata, unless it is annulled by one of the legally mandated remedies. If the judgement is not subject to appeal and the methods of appeal have been exhausted, it is definitively true in accordance with the rule of non-derogability of the sentence and cannot be upheld by restitution or dispute in its execution.
However, it is recognized that there are serious flaws if the judicial judgement is prevented from being considered to exist since its promulgation, so that the judge's power is not exhausted and the authority of the res judicata will not be ruled out, in which case it is not correctless, because the non-existent cannot be rectified, so this defect can be upheld in any way of appeal  To uphold this defect, and the judge may decide to do so proprio motu if the verdict is upheld before him.

Published
May 10, 2018
How to Cite
HASSAN, Ahmed Sabah Ghadeer. No judicial judgement. Tikrit University Journal for Rights - مجلة جامعة تكريت للحقوق, [S.l.], v. 2, n. 1, p. 332-374, may 2018. ISSN 2663-8983. Available at: <http://tujr.tu.edu.iq/index.php/t/article/view/61>. Date accessed: 27 nov. 2019. doi: http://dx.doi.org/10.25130/rights.v2i1.61.