The summary jurisdiction

The summary jurisdiction

Judge Emad Abdullah

2018-11-22 12:42:00




The summary jurisdiction is considered a branch of the civil judiciary. It addresses the summary and urgent cases that need to be considered before it is too late and helps the parties of dispute to adjudicate immediately but without deal with the substance of the right which is subject to try by the trial court.
In faith and testimony, the summary jurisdiction is temporary and aims at proving the certain case or maintaining it or doing a specific act. The judgments of the summary jurisdiction are included the immediate execution ,has the force of the res judicata and it just regards the civil judiciary but it is not found in the criminal judiciary. This jurisdiction  doesn't cut the limitation period, has role to prepare the methods the proof the civil case and its judgments are temporary where they are not final in the substance of the dispute. The Iraqi lawmaker gives importance to the summary jurisdiction in the Iraqi Actions Code No(83) of 1969. This care is reflected  by its texts that are provided in articles (141-150) but the article (141) set the important matter where it refers to (1. The court of first instance shall be in charge of hearing summary matters (that need to be considered before it is too late )provided not to touch upon the substance of the right.2.the court of substance shall have jurisdiction to hear these matters if such were(consequentially) lodged at the said court.)
Thus, the summary jurisdiction requires the urgency at the presented dispute and this proceeding is temporary and doesn't touch the substance of the right. However, it doesn't reserve of the court of first instance but also include the other civil courts if such were consequentially lodged at the said court as the article (302) of the Actions Code  stipulates that the religious court shall be in charge of making the summary judgments on temporary maintenance ,or to appoint a custodian (in a custody dispute) to look after the minor provided that the court shall have reasons to fear an imminent danger against the applicant for maintenance , or, as the case may be, against the minor to remain under the current custodian . such judgments shall remain valid until the original case is adjudicated. The religious court shall be in charge of undertaking other summary matters which fall under its jurisdiction.) if we consider the article (150) of  Actions Code, we will find it sets (the request for the summary judgment shall be made by a petition , with which the litigant shall be notified at least 24 hours before the hearing session . the petition shall be accompanied with substantial documents. the court shall decide on the petition within period not exceeding (7)days. The rules of the litigation stipulated in this law shall apply on these petitions , not with prejudice of the provisions particular to the summary matters.)it refers to the procedures that are taken by the court as it consider the summary  case which are the same before the ordinary judiciary such as presence and absence. The applications of the summary jurisdiction are the preventing the defendant from leaving the country and unrightfully blocked the public service. Finally , the lawmaker summarized the challenge of the summary verdicts in article (216) Actions Code which is the appeal before the court of cassation.    




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