Transfer of civil case : A Comparative Analytical Study
Section: RESEARCH
Abstract
The transfer of civil cases from a competent court to another is one of the procedural guarantees of the Iraqi Civil Procedures Law. The main characteristic of this guarantee is that case transfer is considered a procedural right, and it is only allowed between trial courts, and it is limited to the grounds specified in the law and is exclusively subject to the discretion of the Court of Cassation. Thus, this paper attempts to analyse the criteria the Cassation court apply when looking at a transfer of proceedings case. Its aim is to address the ambiguity and deficiency in the legislative framework regulating transfer of civil cases. As a comparative study, it specifically looks at the provisions set out in the Iraqi civil procedures law and Lebanese civil Code.
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