مَـبـدأ الأمـانـة فـي إسـتعـمـال الحـق الإجـرائـي

RP- The principle of honesty in using the procedural right.pdf

Abstract
The principle of procedural honesty is one of the principles governing the topics of the Civil Procedure Law, and in particular the use of the procedural right. In order for the opponent to be worthy of judicial protection, he must use his procedural rights within the legally permissible limits. The legitimate use of the right to litigation and the rights that flow from it requires the opponents to speak truthfully. And the revelation of the truth that leads to it, Likewise, the opponents walk in a straight line, free of contradictions in the rights used and the defenses taken. In this case, he is committed to what is required by the principle of honesty. Naturally, deviations from the limits set by the law, whether through arbitrariness or fraud and deception, are considered a departure from the requirements of the principle Honesty.
If the principle of honesty governs the use of procedural rights, and is considered one of the established principles in procedural jurisprudence, then the Iraqi Civil Procedure Law does not state this principle neither in terms of procedural rights nor in terms of the persons addressed by the legal text, limiting itself to imposing restrictions and duties from which it is deduced that the opponents must observe the principle. Trust, including what is stated in Article (47) of the above-mentioned law, Likewise, the Egyptian Code of Procedures implicitly referred to this principle through the text of Article (188) of it, and did not explicitly refer to this principle except in one article, which is Article (97) of the same law, and with a more advanced organization, the French legislator stipulated the requirements of this principle in Article (10) of the French Civil Code, and Articles (32/1 and 1466) of the French Code of Procedure, In contrast to not declaring the principle of honesty, we find that the Iraqi Code of Procedure and the laws in question explicitly stipulate the manifestations of breach of the principle of honesty, which are procedural arbitrariness and fraud.
We have reached the necessity of developing a legislative treatment for the principle of honesty in the use of the procedural right (the right to litigation and the rights that flow from it), by developing a general text declaring this principle and the most important manifestations of its observance, including the duty to reveal the truth, the duty not to procedural contradiction, and strengthening them with financial and non-financial sanctions that ensure compliance. Opponents of the principle of honesty As well as developing a set of texts that oblige the court to impose civil fines in some cases, such as the case of adhering to defenses related to public order through procrastination and arbitrary methods, and also regarding procedural fraud that accompanies depriving the defendant of knowledge of the dispute or depriving the plaintiff of convening his dispute, and other topics that Requires penalties that are more stringent than those imposed by the general text.