Foreign rule and its executive power (An analytical study)

Volume 1 , Issue 1 , March 2026 , Pages 40-50

Authors

ِAsst.L. Tehran Mohammad Karim 1

1 Private International Law, Kurdistan Region - University of Sulaimani

DOI logo 10.17656/jzsb.12298

Keywords

Abstract

This research examines the conditions and procedures for enforcing foreign court judgments in Iraq, highlighting the balance between the requirements of national sovereignty and the necessities of international judicial cooperation. The study aims to clarify the nature of a foreign judgment, the methods used to grant it executory force, and its legal implications as a res judicata or as evidence. The research employs both analytical and descriptive methodologies to assess the position of the Iraqi legislator in Law No. (30) of 1928 and applicable international agreements. The study concludes that Iraq adopts the "execution order" system through limited oversight that focuses solely on fulfilling legal requirements without reviewing the merits of the dispute. The research concludes by emphasizing the need for the Iraqi legislature to enact modern and comprehensive legislation that keeps pace with developments in private international transactions.

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  • First online31 March 2026
  • Published at31 March 2026

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