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Author: Dr. Tahseen Hamad Smaeil
Abstract: Civil law is an old law established half century ago. Due to its large texts and articles, which is (1383) in total, is one of the biggest. This has emerged from historical development and Eygptian civil law. It has also emerged from Latin jurisprudence in particular from French Civil Law. Iraqi legislations in most of its articles has relied on both the Islamic and Latin Jurisprudence. This has created lack of coherence among its judgements. This has resulted in the enormousity of its provisions.
It must be noted that although this law has seen huge change and new development, there has not been enough amendment. Accordingly, most of its judgments has not been beneficial and does not have practical aspect. Therefore, it is necessary that this law is to be revised for the purpose of removing additional texts, the unnecessary sentences and avoiding unnecessary and exceptional details. Work has to be done to renovate the law in a way that is in coordination with the social and economical development for present and future time. Also, according to change in the field of technology, renovation and society needs in order to become a tool to change and develop the society and undertake economical and social reform. Also, writing new judgments and principles in order to establish constant law as a foundation because law is a tool for regulating the relationship between individuals and the society. Hence, this research is necessary and recommendable to carry out research in this area.
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doi:10.23918/ilic2018.10
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Journal of Law and political science
ISSN: 2079-3901
16th year , No.(23), 10 May 2018
Vol.(1): Special Issue