8 November، 2022
Master’s thesis in the private law branch on the _ College of law
Master’s thesis in the private law branch on the transfer of civil action / comparative analytical study,,,
On Monday, November 7, 2022, the Private Law Branch of the College of Law at the University of Mosul discussed a master’s thesis on the transfer of a civil lawsuit / a comparative analytical study, part of which was attended by Assistant Professor Dr.
The letter submitted by the student Salem Siddiq Maarouf in the private law branch dealt with the transfer of the civil case, which is one of the guarantees stipulated in the Civil Procedures Law, and this guarantee is done by extracting the case from the competent court
In its view, which was originally brought before it to another court for justifications and reasons decided by the legislator, and the procedure for transferring the civil case is characterized by a number of characteristics.
The letter aims to show that the Iraqi legislator did not deal with the issue of transferring the case in sufficient organization, did not define it in the text, and did not specify the other court that may be transferred The case is referred to it in terms of its qualitative, spatial, and degree jurisdiction, and the decision to transfer it or not is in the hands of the Federal Court of Cassation exclusively, without giving the District Court of Appeals, in its cassation capacity, the power to decide on such a decision.
The discussion committee was chaired by Prof. Tayma Mahmoud Fawzy, with the membership of Prof. Faris Ali Omar, Assistant Professor Dr. Aqil Majid Taha, and the membership and supervision of Prof. Dr. Yasser Basem Thanoun.
The letter aims to show that the Iraqi legislator did not deal with the issue of transferring the case in sufficient organization, did not define it in the text, and did not specify the other court that may be transferred The case is referred to it in terms of its qualitative, spatial, and degree jurisdiction, and the decision to transfer it or not is in the hands of the Federal Court of Cassation exclusively, without giving the District Court of Appeals, in its cassation capacity, the power to decide on such a decision.
The discussion committee was chaired by Prof. Tayma Mahmoud Fawzy, with the membership of Prof. Faris Ali Omar, Assistant Professor Dr. Aqil Majid Taha, and the membership and supervision of Prof. Dr. Yasser Basem Thanoun.