The Authority Responsible Competent for Implementing Enforcement a Foreign Judicial Decision in Accordance with the Provisions of the Iraqi Court of Cassation
DOI:
https://doi.org/10.35246/0m8b5n76Keywords:
Foreign Judicial Ruling, Court Of Cassation, Court Of First Instance, Implementation Department, International ConventionsAbstract
A foreign judicial ruling is not executed outside the territory of the court of the country that issued it by enforcement of law, but its implementation requires the intervention of the judicial or administrative authority in the requested state in respect of the principle of independence and sovereignty of the country. The latter undertakes the task of bringing down the ruling to apply repetition that benefits from the ruling issued in his service, and countries differ in determining the procedures followed to implement the foreign judicial ruling as well as they differ in determining the authority responsible for implementing a foreign judicial ruling. In Iraq, the Iraqi Court of Cassation hesitated in its successive provisions to determine the authority responsible for implementing a foreign judicial ruling, sometimes making this task the responsible of the Court of First Instance, which requires the interested party to establish a lawsuit for the purpose of implementing the ruling, and sometimes making the task of implementing the foreign judicial ruling of the responsibility of the implementation department to issue an implementation order, especially if the country from which the foreign judicial ruling was issued is a member of the Riyadh Convention on Judicial Cooperation of 1983.
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References
First: Legal Books:
I. Ibrahim Al-Mashahi, Legal Principles in the Judiciary of the Court of Cassation, Civil Procedures Section, Al-Jahidh Press, Baghdad, 1990.
II. Dr. Ahmed Abu Al-Wafa, Implementation Procedures in Civil and Commercial Matters, Knowledge Foundation, Alexandria, Egypt, 2000, p. 213.
III. Hassan Al-Haddawi, Private International Law (Conflict of Laws, General Principles and Positive Solutions in Jordanian Law), A Comparative Study, Second Edition, Dar Al-Thaqafa, Publishing and Distribution Library, Jordan, 2001, p. 283.
IV. Salem Hammad Al-Mamdouh, The brief in Private International Law, a comparative study, 2006, p. 276.
V. Dhiaa Sheet Khattab, Al-Wajeez in Explanation of the Code of Civil Procedure, lectures for students of the fourth stage in the College of Law and Politics, Al-Mustansiriya University, Al-Ani Press, Baghdad, 1973, p 322.
VI. Abdul Rahman Al-Alam, Explanation of the Civil Procedure Law, Part IV, Legal Department Publications, Al-Zahra Press, Baghdad 1990, p. 7.
VII. Fouad Abdel Moneim Riad, Samia Rashid, Mediator in conflict of laws and conflict of international responsibility, Dar Al-Nahda Al-Arabiya, Cairo, 1987, p. 482.
VIII. Hisham Ali Sadek, Conflict of International responsible, University Press, Alexandria, Egypt 2002, p 301.
IX. Okasha Mohamed Abdel Aal, Private International Law, University Press, Alexandria, 2007, p. 629.
Second: dissertation and theses:
I. Ahmed Abdel Nour, Problems of the implementation of foreign provisions (a comparative study), Master's thesis, Abu Bakr Bakaid University, Tlemcen, Algeria, 2009, pp. 107, 108.
II. Haneen Faeq Hussein, International Cooperation in the Framework of Recognition and Implementation of Foreign Judicial provisions in Civil and Commercial Matters, Master Thesis, University of Baghdad, College of Law, 2022, p 124.
III. Manal Bou Karsh, Hanan Basakalia, Implementation of foreign ruling, its authenticity and guarantees, Master's thesis, Faculty of Law and Political Science, University of May 8, 1945, Guelma, Algeria, 2022, p. 34.
Third: Articles:
1. Judge Kadhem Abd Jassim Al-Zaidi, Renewal of the Enforcement of judicial rulings, article published on the website of the Iraqi Supreme Judicial Council at the following link: https://sjc.iq/view.73320/
Fourth: Laws and International Conventions:
A- Laws:
I. Iraqi Foreign provisions implementation Law No. (30) of 1928.
II. Iraqi Code of Civil Procedure No. (83) of 1969.
III. Judicial Organization Law No. (160) of 1979.
IV. Iraqi implementation Law No. (45) of 1980.
B- International Conventions:
I. Judicial, civil, criminal and commercial cooperation convention between the Kingdom of Iraq and the Republic of Turkey of 1947
II. Convention on Mutual Assistance and Legal and Judicial Cooperation between the Republic of Iraq and the Republic of Egypt of 1964.
III. Convention on Judicial Cooperation between the Republic of Germany and the Republic of Iraq at Baghdad of 1970
IV. Convention on Judicial and Legal Cooperation between the Republic of Iraq and the Russian Federation (Soviet Union), signed at Moskole (1973).
V. Convention on Judicial and Legal Cooperation between the Republic of Iraq and the Republic of Hungary, signed in Budapest in 1977.
VI. Riyadh Convention on Judicial Cooperation of 1983.
VII. Convention on Legal and Judicial Cooperation between the Republic of Iraq and the Republic of Turkey of 1989.
VIII. Convention on Legal and Judicial Cooperation in Civil and Personal Status Matters between the Republic of Iraq and the Government of Iran for the year 2012.
IX. Hague Convention on the Recognition and Enforcement of Foreign provisions in Civil and Commercial Matters of 2019.
Fifth: Judicial Decisions:
I. Ruling of the Federal Court of Cassation (Expanded Authority), Ruling No. (50) of 2009.
II. Ruling of the Federal Court of Cassation (Civil Authority) / Ruling No. 573 of 2009
III. Ruling of the Federal Court of Cassation (Extended Authority), Ruling No. (286) of 2017
IV. Ruling of the Federal Court of Cassation (Civil Authority), Ruling No. 3281 of 2022
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