journal of sustainable studies joss
The principle of good faith in the Civil Procedure Code
(Comparative analysis study)
Dr. Ahmed Samir Muhammad Yassin Assistant Professor Marwa Abdul Jalil shunaba
Professor of private law instructor Private law
Faculty of Law and Political Science Kirkuk University College of Law Degla University
Abstract:
The procedural legislature guaranteed the right to litigation; It is one of the original rights of every person, but it is a condition that if resorting to the judiciary is to exercise this right in good faith, it cannot be used for mere maliciousness or harm to the other opponent only, or to obtain unlawful rights.
As the principle of good faith in the scope of procedural business conduct has an impact on providing full legal protection, through what the litigants or their attorneys should or what the judge and his assistants should adhere to in terms of trust and confidence when conducting judicial procedures, and avoiding any form of maliciousness or fraud Procedural or fraudulent fraud to deceive the other party in the lawsuit or to deceive the court.
Where the principle of procedural good faith is closely related to the criterion of fairness; The latter forces the person to adhere to the boundaries of Sharia and the law, and what the individual conscience dictates in not violating it, and then the initiation of the judicial action by the litigating persons requires full consideration of the existence of the legal duty, so if the person did this duty or intend to do it, it is considered good faith . But if he intends to deviate from this duty, then he is not considered good intention, but rather bad, and he must be subjected to legal punishment so that he does not intend to repeat that.
Although the enforceable Iraqi civil procedure law legislator has not taken any specific or stated position on the duty of good faith in the areas of litigation or the implementation of judicial rulings, adherence to this principle is considered one of the public duties imposed by procedural law upon the behavior of the litigant, judge, or His assistants for any procedure stipulated in the law during the stages of civil proceedings, as it is an irreplaceable legal principle for arranging its legal effects, and the positive repercussions it embodies in the context of society.
key words 🙁 The principle of good faith, procedural fraud, the right to litigate, judicial procedures, persons of the case).