Trial the procedural texts governing the judgment of the expenses of the civil case (An Analytical Study on Iraqi Law)

Abstract

Article (166) of the Iraqi Civil Procedure Law No. (83) of 1969, as amended, states that when issuing the judgment that ends the litigation before it, the court must decide on its own the expenses of the case against the adjudicated litigant, which can be divided by the multiplicity of the convicted or by dividing the loss in The lawsuit. However, we have presented the texts of the four paragraphs of the aforementioned article, which regulate the judgment of the expenses of a civil case for a legal scientific trial, using the views and opinions of procedural jurisprudence and its explanations regarding them, which stopped us on the defects and deficiencies marred by those texts that affected their judicial applications and their production for their main purposes. The matter that we tried to present solutions that we see effective to reform our law from the side that we discussed.