The College of Law at the University of Karbala discussed a master’s thesis on “Restricting the authority of the judiciary by pleading public order in personal status matters” – a comparative study -, submitted by the student Thamer Abdul Hussein Ghafil.
The researcher discussed the subject of his study in terms of private international law through a comparative study between laws with a Latin orientation and anglo-Saxon orientation, and the comparison became between (Iraqi, Egyptian, Tunisian, French, and American law).
The study aimed to know how the idea of restriction was adopted by the Iraqi legislator and the legislators of the laws subject to comparison, and to point out the legislative deficiency in the legal texts contained in the Iraqi Civil Law No. (40) of 1951 related to the subject of the study.
The study concluded that the legislators of the laws of the Latin and Anglo-Saxon countries took the plea of public order, but they did not set a comprehensive definition that prohibits this plea, but rather they set legal texts that include the term and left that to jurisprudence and the judiciary, and that restricting the authority of the judiciary to plead public order in matters of personal status can be imagined by the national judge following the solutions contained in the legal text regarding the issue in dispute or following the exceptions contained in the general rule that governs the issue in question.
Division of Media and Government Communication
College of Law – University of Karbala