Compliance in litigation procedures

Abstract

In the Civil Procedure Law, the Iraqi legislator has determined the way in which the judicial procedure is established and to which the parties must adhere. The procedure starts from filing a lawsuit to the issuance of the ruling, in order to spread confidence and assurance in the judiciary and achieve justice. However, this way is a means to achieve a goal, and it is not an end per se. To make this procedure smoother, the Iraqi legislator has authorized in the civil pleadings law for the parties to agree on some procedural issues, whether before or during the filing of the lawsuit.  And since the idea of ​​deference in the civil pleadings law might or might not exist with the authority of the parties will, it exists where there is agreement between the parties, which would prejudice the course of justice, requiring the intervention of the legislature to resolve this dilemma.