College of Law

PhD thesis in the private law branch on confrontation in forced execution procedures / a comparative study,,,

On Thursday, September 5, 2022, the Private Law Branch of the College of Law at the University of Mosul discussed a doctoral thesis on confrontation in forced execution procedures / a comparative study, part of which was attended by Assistant Professor Dr.

The thesis submitted by the student Ikhlas Ahmed Rasoul in the private law branch dealt with the principle of confrontation, which is one of the basic principles in the civil procedure law and is one of the most important applications of the right of defense, whether in the litigation stage of the case or in the implementation stage by seizure and sale. Legislation, jurisprudence, or the judiciary, as litigation or implementation without confrontation means a lack of defense rights and that litigation without defense violates the most basic human rights.

The thesis aims to show that the principle of confrontation is one of the general principles that prevail in procedural law. It is a principle that is applied in litigating judicial judgment. The principle of confrontation is also a general principle, as it is a procedural means to achieve the principle of respect for the rights of the defense, and the Iraqi and Egyptian law did not provide for the implementation of the principle of confrontation. In the ordinary judgment litigation, they also did not stipulate its actions in the execution procedures, just as the forced execution, which takes place against the will of the debtor and without his choice or voluntarily, takes place at the request and will of the creditor who owns an executive deed of the right that is established in existence and of a certain amount.

The discussion committee was chaired by Prof. Taima Mahmoud Fawzy, with the membership of Prof. Yasser Bassem Thanoun, Dr. Ahmed Samir Muhammad, Dr. Furat Rostom Amin, Dr. Faris Ali Omar, membership and supervision of Prof. Ajyad Thamer Nayef.