The Effect of Nullity on Procedural Action in Civil Lawsuits

Authors

  • Khamael Abdullah Al-Toun Al-Mustansiriya University / College of Law Author

DOI:

https://doi.org/10.64184/ajlps.V2.I3.Y2025.P526-541.140

Keywords:

nullity, procedural action, civil action, litigation law

Abstract

Invalidity in procedural work is a penalty resulting from the violation of the legal procedures imposed by law to complete the legal formality of the civil lawsuit and this violation may be in the formal or substantive procedures specified by the law and the purpose of these procedures is to maintain public order and public interest and thus preserve the interest of the litigants. And we try in this research to stand on the meaning of invalidity, which can affect the procedures imposed by the law and types of invalidity if it can be absolute invalidity can affect all procedures, which leads to the fall of the lawsuit permanently as if it was not which means violating the legal rule and which relates to public order and it is possible for any of the parties to raise it at a stage of the lawsuit and even the judge can raise it on his own at any stage of the stages of the lawsuit, Or that the invalidity is relative to part of the parts of the civil lawsuit, such as if the violation falls on the legal rule that was legislated for the benefit of one of the individuals, for example, that the notification was not correct and it is noted that this type of invalidity can only be raised by the stakeholder and falls if it is not adhered to in

References

1- Dr. Amir Talaba, Encyclopedia of Civil Procedure, Vol. 1.

2- Dr. Fathi Al-Wali, The Mediator in Civil Procedure Law, 1st ed. 1980.

3- Dr. Abdel Hakam Fouda, Nullity in Civil Procedure Law, 2nd ed., University Publications House, Alexandria, 1993.

4- Dr. Farag Alwan Halil, Nullity in Civil Procedure Law, University Publications House, 2008.

5- Dr. Fathi Al-Wali, The Mediator in Civil Procedure Law, 1st ed. 1995.

26- Dr. Farag Alwani Halil, Nullity in Civil Procedure Law, 2008, University Publications House, opposite the Faculty of Law.

7- Dr. Ahmed Maher Zaghloul, Nullity Theory in Civil Procedure Law, 2nd ed.

8- Dr. Gamil Al-Sharqawi, Nullity Theory, no date printed.

9- Abdel Hamid Al-Shawarbi - Procedural and Substantive Civil Nullity, 1996, Maaref Foundation, Alexandria.

Laws:

1. Iraqi Civil Procedure Code No. 63 of 1969, as amended.

2. Iraqi Civil Procedure Code No. 55 of 1950.

3. The new French Code of Civil Procedure.

Downloads

Published

2025-09-01

How to Cite

The Effect of Nullity on Procedural Action in Civil Lawsuits. (2025). Ashur Journal of Legal and Political Sciences Is Issued by the Iraqi Association of Legal Sciences, 2(3), 526-541. https://doi.org/10.64184/ajlps.V2.I3.Y2025.P526-541.140

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