Interpretation of Judicial Rulings
DOI:
https://doi.org/10.35246/7mqv8439Keywords:
interpretative action, Interpretation of judicial decisions, the executor of Justice, clarification of judgments, vague or ambiguous judicial decisions, interpretation of the judicial decision, the power of the court to clarify or interpret the judgment, the complementary jurisdiction of the courtAbstract
Abstract
Judicial rulings are considered procedures for filing a dispute before the judiciary, as the issuance of a judicial ruling ends the dispute and resolves the conflict. Therefore, the judicial ruling must be clear, free of ambiguity or vagueness, and does not raise confusion. Any ambiguity or vagueness that affects the judicial ruling makes its application impossible. Therefore, the legislator made the way to interpret ambiguous judicial rulings a way for the litigants or those executing those rulings to resort to the court that issued them to clarify the ambiguity or vagueness surrounding its ruling, so that the party executing these rulings can implement it according to its content and grant the opponents their rights. Therefore, this research came to explain the concept of interpreting a judicial ruling and then explaining the conditions for interpreting a judicial ruling and the court competent to interpret the ruling and its discretionary authority.
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References
I. Dr. Ahmed Abu Al Wafa, Theory of Judgments in the Code of Civil Procedure, Al Wafa Legal Library, Alexandria, 2015 edition.
II. Dr. Ahmed Abu Al Wafa, Commentary on the Code of Civil Procedure, Al Wafa Legal Library, Alexandria, 2017 edition.
III. Counselor Ahmed Abdel Sadek, Codification of Procedures, Explanation of the Provisions of the Code of Civil Procedure, Volume Two, Dar Al Qanoon for Legal Publications, 2018.
IV. Dr. Ahmed Samir Yassin, Review of Judgments Other Than Appeal Methods A Comparative Study, a research published in the Journal of the Faculty of Law for Legal and Political Sciences, Issue 12/2015.
V. Dr. Anis Mansour Al Mansour, Towards a Legal Organization for Interpreting Judicial Rulings in the Jordanian Code of Civil Procedure, a research published in the Journal of Studies of Sharia and Law Sciences, Volume 42, Issue 3, 2015.
VI. See Dr. Bassem Dhnoon Al Sabaawi, Obstacles to the Executive File A Comparative Study, Zain Legal Publications, First Edition, 2016.
VII. Hussam Abdul Muhammad Dhaher, Omar Latif Karim, Wissam Abdul Muhammad Dhaher, The Legal System for Correcting Judicial Rulings An Analytical Study, a research published in the Journal of the Iraqi University, Issue 46, Part 1.
VIII. Dr. Saeed Mubarak, Provisions of the Enforcement Law No. 45 of 1980, Baghdad, without a date of publication.
IX. Dr. Abbas Al Aboudi, Explanation of the Provisions of the Enforcement Law, First Edition, Dar Al Thaqafa and Publishing, Amman, 2005.
X. Lawyer Abdul Raqeeb Al Qadi, Interpretation of the Judicial Ruling and Related Matters, a research published online on the website: https://rqeep.blogspot.com/2019/01/blog post_76.html
XI. Dr. Abdul Moneim Ibrahim Sharaf, Controls for Interpreting Rulings Issued by the Supreme Constitutional Court in Constitutional Cases, an Analytical and Applied Study in Light of the Rulings of the Supreme Constitutional Court, Journal of Legal and Economic Research, Volume 56, Issue 3, 2022.
XII. Dr. Abdul Moneim Abdul Wahab Al Amer, Problems of Legal Organization for Interpreting the Ambiguity of the Civil Judicial Ruling in Iraqi Law, Journal of Generation for Comparative Studies, Issue 14, Year 6, 2022.
XIII. Issam Hatem Hussein Al Saadi, Means of forcing the administration to implement judicial rulings a comparative study, first edition, Baghdad, 2012.
XIV. Judge Awad Hussein Bash Al Obaidi, Implementation of ambiguous judicial rulings and its practical problems, Tikrit University Journal of Legal and Political Sciences, Issue 8, Year 2, 2010.
XV. Judge Awad Hussein Yassin Al Obaidi / Deputy President of the Kirkuk Federal Court of Appeal, Judicial Language and its Impact on the Drafting of Judicial Ruling, a research published on the website of the Supreme Judicial Council at the following link: https://sjc.iq/view.70282/
XVI. Dr. Muhammad Al Manji, Correction Suit, first edition, Maaref Establishment in Alexandria, 1995.
XVII. Judge Medhat Al Mahmoud, Explanation of the Enforcement Law No. 45 of 1980 and its Practical Applications, Legal Library, Cairo, Fourth Edition, 2009
XVIII. Judge Medhat Al Mahmoud, Explanation of the Enforcement Law No. 45 of 1980 and its Practical Applications, Legal Library, Baghdad, 2017.
XIX. Dr. Nabil Ismail Omar, Principles of Civil and Commercial Procedures, First Edition, Al Maaref Establishment, Alexandria.
XX. Maqni Bin Ammar, Controls for Correcting and Interpreting Judicial Rulings According to Algerian Law, Journal of Law and Human Sciences, Volume 9, Issue 3, 2016.
XXI. Judge Lafta Hamel Al Ajili, Explanation of the Enforcement Law No. 45 of 1980, Beirut, First Edition, 2018.
XXII. Dr. Lafta Hamel Al Ajili, Provisions of the Enforcement Law, First Edition, Baghdad, 2023.
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