Professor of private international law at the College of Law at the University of Karbala, Professor Dr. Hassan Ali Kazim, chaired a committee to discuss 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 study aimed to know how the idea of restriction was adopted by the Iraqi legislator and the legislators of the laws being compared, 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 adopted the plea of public order, but they did not establish a comprehensive definition that prohibits this plea. Rather, they established legal texts that include the term and left that to jurisprudence and the judiciary. 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 under consideration.