Special conditions for civil lawsuits: A comparative study

Abstract

Abstract: The Iraqi legislator has set the general conditions for the acceptance of a civil suit after obtaining explicit legal provisions in the Iraqi Civil Procedure Law No. 83 of 1969. These conditions are legal capacity, capacity (government), and interest. In order for the parties to the suit to be able to file a civil suit, they must have legal capacity and be of legal age, which is eight: interest. In addition, it is also required that there be sufficient (judicial) capacity. These conditions are difficult for the public court to accept the suit. There are some special conditions that must be met in order for the parties to be able to file the suit before the judiciary. Without these conditions, the court must accept and consider it. These conditions are included in several legal texts, some of which are emphasized by the civil law, while others are denied by the commercial law, the arbitration law, and other laws. These conditions are specific to the legal pillars of filing the suit, as the Iraqi legislator stipulated in the civil law that the suit be filed within one year from the date of the expropriation or six months from the date of the expropriation. The date of knowledge of the occurrence of the dispute if the dispute is real and the legislator also prohibited that the lawsuit containing. It is possible to initiate it before the conclusion of the pleading in the universal pleadings. And the other special conditions between the ruling in the lawsuit or the agreement on knowledge or arbitration by the opponents, since in the case of agreement the court is obligated to and the lawsuit (1) This occurred now to consider.