Draft of the judicial ruling in the civil suit ((comparative study))

Abstract

Abstract: The draft of the judicial ruling in the civil suit is a means to achieve the desired justice, which is considered the final stage of issuing the ruling, and the draft of the ruling is an essential summary of the judicial ruling in the suit. In this research, we identified the draft of the judicial ruling, its importance and purpose as the final stage of concluding the pleading in the civil suit, and pronouncing the ruling publicly, and trying to identify the features of the legislative shortcomings of the draft of the judicial ruling and its provisions and organizational rules. In our research, we relied on the comparative analytical approach within the scope of the Civil Procedure Law and some comparative laws under study and some judicial applications, through which we reached a set of results and recommendations, the most prominent of which is obligating all Iraqi courts to keep records that are specific to drafts, and in which the content of the draft of the issued ruling is recorded, due to its importance in the judicial work, which may lead to the momentum of work to lose the draft, and thus it is possible to refer to those records whenever necessary. It is also necessary for the draft of the ruling to be signed by the judges who participated in the deliberation, on all pages, as it is not sufficient for the judges to sign the last page of it.© 2023 TUJR, College of Law, Tikrit University