دور فكرة النظام العام في قانون المرافعات المدنية (دراسة مقارنة)

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Ali Abdul Hussain Mansour

Abstract

The topic of the role of the idea of public order in the Civil Procedure Code is of great importance in understanding the justifications that cause the invalidation of some acts, and prevent the forfeiture of some procedural rights, or those that make the judge obligated to decide on some issues on his own, without a request from the litigants or that are A justification for protecting some general principles in the Civil Procedure Code or for wasting some foundations therein. The idea of public order is used in the Civil Procedures Law, to ensure the validity of the litigation systems to keep them away from all agreements that contradict their content and form, and then it is an idea that expels all ideas that contradict them, and plays the role of protection in the field of procedures by excluding all that contradicts them of ideas. Public order is a variable and relative legal concept that cannot be limited, or provide an accurate definition of it, as its idea is inherently difficult to define. In general, it is everything that affects the entity of the state or contradicts a general and basic interest of its interests, and differs from the idea of public morals, as the latter represents the minimum moral values and ideas that people are humbled by, and represents part of public morals, and therefore the public order is more comprehensive than morals. the public 

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How to Cite
علي عبدالحسين منصور الدراجي. (2022). دور فكرة النظام العام في قانون المرافعات المدنية (دراسة مقارنة). MIsan Journal of Comparative Legal Studies, 1(6), 213–232. https://doi.org/10.61266/mjcls.v1i6.105
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