Judicial notifications in the Kurdistan Region - Iraq and their obstacles

Abstract

Judicial notifications are defined as official papers issued by the courts in accordance with conditions and data specified by law to inform the litigants of a specific incident. There is nothing closer to injustice in the litigation process than violating the rights of the litigants represented in taking the procedures in the absence of the parties, which constitutes a derogation of their rights, and a missed opportunity to attend. The resolution of cases in a relatively short time depends on the speed and accuracy of judicial notifications, the faster the notifications are, the more this helps to resolve many cases. And to serve the resolution of cases. The importance of notification in the Iraqi Civil Procedure Code and all other procedural laws is highlighted in that any action directed against the person to be notified cannot have effects against him that would affect his legal position unless he was properly informed of this procedure. Realizing the importance and danger of notification, the legislator singled out several texts for him in the Iraqi Civil Procedure Code, which he organized. The Iraqi legislator in the Iraqi Civil Procedure Code did not explicitly stipulate electronic judicial notifications or how notifications are to be conducted, but the text of Article (13/f1) of the Code of Procedure clarifies how to conduct traditional notifications, as it clarifies who are the persons responsible for the notification and who performs the task of notification.