ISSN: 1994-4721

Author : Lect. Hayder F. Hamad, Asst.


Abuse of the right to litigation

Asst. Lect. Hayder F. Hamad

Basra studies journal, Volume 23, Issue 1994, Pages 203-226

Law recognizes the rights and protected, to achieve certain purposes, andhave use of the right not to project whenever they occur outside the boundaries of this goal, and requires the imposition of a penalty for illegal use of the right, and imposed a penalty for the violation of the sovereignty of the legal base, in order to deter the offender, the penalty to ensure respect for the law and ensure the its effectiveness, and the various sanctions imposed by the law, according to the type of government that the opposition people, and the penalty is a civil fine imposed by the law when violation of a rule of private law, and there is a penalty and procedural law Order of civil procedure in the face of an opponent who violates procedural law rules. And to punish an opponent abuse of judicial proceedings decides to impose sanctions procedural law by the arbitrary use of the right, such as the prohibition of the use of a particular right or not to accept it.
In this study, to address the penalty procedure for misuse of the judicial proceedings, and their role in the prevention of ill-treatment and lifting too late to avoid, we take pictures of the procedural sanctions imposed by the legislature on arbitrary discount, with the beginning of the study to clarify the misuse of the judicial proceedings