تــفــاقــم الــنــصـــوص في الــقــانـــون الـمـدنــي “دراســة مــقــارنــة “

Aggravation of Texts in Civil Law "A comparative study "

This study touched on an important topic in the field of civil law, which is the aggravation of texts in civil law, as it is no secret that the Iraqi civil law aims to protect society by regulating relations between individuals themselves on the one hand and between individuals and the state when it appears as ordinary individuals on the other hand Others, through obligation and punishment, An regulating that achieves stability in legal centers and reconciles conflicting obligations, so that chaos does not prevail and social stability is not disturbed, No matter how diligent the legislator tries to formulate the legal texts, the legal texts may suffer from an aggravation based on an unjustified increase in these texts, either due to… improper legislative drafting that results in conflict or contradiction, or ambiguity and inaccuracy, or repetition in the texts and errors, or due to diversity in the sources of law as a result of inappropriate merging between these sources or exaggeration in organizing a specific topic with a huge amount of legal texts that are not needed To it, which results in instability of the legal base and competition in the rights of individuals.
One of the manifestations of the permanence of the legal text is achieving order and stability in society by issuing legal rules in a flexible manner that meets renewed needs over time and with clear legislative formulation that expresses social reality, The more the legal rules are characterized by accuracy, clarity, and brevity without prejudice and do not lead to conflicting interpretations or interpretations that do not It is consistent with the goal of the legislator whenever legal stability is achieved.
The civil policy of the Iraqi legislator was characterized by formality more than it was characterized by objectivity, as the legislator sometimes derived legal provisions from Islamic jurisprudence and at other times derived legal provisions from Western jurisprudence, which led as a result to the presence of many texts and legal provisions that were inconsistent and incompatible with each other , The diversity of sources of law is not considered a negative matter, but rather a positive matter and constitutes one of the solutions to the deterioration of texts, but at the same time it may be considered one of the reasons for the Aggravation of texts, as it has resulted in inadequacy, exaggeration, and lack of harmony between the legal provisions.