الأحـكـام الـقـانـونـيـة للـتـنـازل فــي دعـوى الإلـغـاء ( دراســـة مــقـــارنــــة )

Rp-Legal Provisions for Waiver in CancellationLawsuit ( A Comparative Study .pdf

ABSTRACT
This study is related to one of the important procedural topics, which were not regulated by the Iraqi legislator in the amended State Council Law No. (65) of 1979, but rather referred the matter in its organization to the Civil Procedure Law No. ( 83) of 1969 as amended, as those who filed a lawsuit have the right to annul To waive it in the ways specified by the legislator exclusively, and within the allotted time and he may withdraw from his waiver as long as that is possible and then the competent court considers the waiver request after making sure that the conditions for the litigants parties to the case are met and this study also dealt with the effects of the waiver It is not only affected by the waiver of the parties to the litigation , but the effect of the voluntary relinquishment extends to third parties from the case, as well as the decisions and rulings issued during the course of the procedures, in addition to the disputed substantive right. It is the responsibility of the assignor to bear the costs of the lawsuit and it also highlighted that the waiver is not limited to the original dispute, so the litigation of the appeal can be waived and this waiver arranges its effects within the limits stipulated by the law.
As a result of this stady, it was found that the Iraqi legislation suffers from legislative shortcoming with regard to the waiver of administrative cases as a whole and the annulment case in particular, which indicates the importance of studying the foregoing in some detail according to an academic scientific method to find out the most important provisions that must be followed in order to reach the proper application of the waiver license within limits. The annulment lawsuit, especially if we know that the latter is distinguished by its objective nature, as the personal elements disappear to a large extent, so the option of relinquishing, especially the objective, is the right by which the lawsuit or judgment was instituted after it becomes subject to doubt and questioning and needs adequate answers.
Keywords: waiver, cancellation lawsuit, abandonment of litigation, waiver of appeal, administrative lawsuits.