الدعوى المدنية الموصوفة دراسة مقارنة

The characterized civil lawsuit ( A comparative study

Abstract

The characterized civil lawsuit is considered one of the important topics in the Civil Procedure Code, because of its legal applications that are addressed by the legislation in its texts, which have an impact on the proper conduct of justice and the provision of judicial protection for rights.
An objective element represented by a single subject arising from a single cause and a personal element represented by one plaintiff and one defendant from the time it was submitted to the court and until its judgment gained the degree of finality, as this judgment is supposed to be enforceable since its issuance and not be dependent on a condition or an extension of time.
However, the existence of the lawsuit in this way in some cases may not be compatible with the proper course of justice, so the legislation decided to balance the positive impact of the lawsuit in its simple case and the negative impact of its description, so it allowed this description, but restricted it with controls and conditions to achieve its goal.
In view of the foregoing, the civil lawsuit may include a specific description attached to it in its legal association, making its judgment unenforceable, so it is suspended on a condition or added to a term, and the description may be attached to its objective or personal element, leading to its plurality, whether this plurality is in the same lawsuit petition or after This, when considered by the court, is an exception to the principle of the unity of the case, as well as the principle of the dispute’s immutability and immutability.
All of the aforementioned types of civil lawsuit described were described by the comparative legislation and the Iraqi legislator and restricted it with certain conditions so as not to have a negative impact on the course of the lawsuit before the judiciary.
the Iraqi legislator, contrary to the comparative legislation, permitted the claim of a right added to a term and stipulated that the judgment not be implemented until the term is achieved, and this makes the lawsuit add to a term The Iraqi legislator, as well as the comparative legislation, also permitted granting the insolvent debtor a judicial term, which in turn leads to the non-implementation of the issued judgment until the deadline granted by the judge is fulfilled, even if it is implicitly.
The comparative legislation, as well as the Iraqi legislator, permitted the description of the case by the multiplicity of its substantive or personal element in the same petition of the case or after that through interlocutory requests, interference or insertion in the case.