On Thursday, August 15, 2024, the College of Law at the University of Fallujah discussed its doctoral thesis in private law entitled “Procedural Right in the Civil Procedure Code - A Comparative Study.”
The thesis, which was submitted by researcher Tariq Abdulaziz Omar under the supervision of Prof. Dr. Saad Hussein Abd, to a comprehensive reform of the theory of case in the Code of Procedure, and then the theory of procedures.
When it is recognized that there is an independent procedural right in the Code of Procedure, this right must be regulated in a way that serves justice, in the interest of the state that has prevented people from private justice, and in the interest of its citizens in obtaining their stolen rights in a reasonable and specific time.
In his thesis, the researcher relied on several research approaches, including descriptive, essentialist, analytical, and comparative, which contributed to consolidating the procedural right in the Code of Procedure and clarifying the case theory.
The discussion committee was headed by Prof. Dr. Suleiman Barak Dayeh, whose membership included Prof. Dr. Saddam Faisal Cooks, Prof. Dr. Shield Hammad Abd, Prof. Dr. Fares Ali Omar, and Prof. Dr. Hamed Shaker Mahmoud.
The thesis reached several important results, the most prominent of which is that the procedural right has an independent entity, with its own pillars, conditions, and formal requirements derived from its direct source, which is the Code of Procedure, and is not considered an element of the substantive right or the substantive right itself.
The thesis also proposed canceling the text of Article VI of the current Iraqi Code of Procedure, and replacing it with a text requiring that the plaintiff have an existing legal interest, otherwise the court will rule not to accept the case without considering its merits.
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