THE INVALIDITY OF THE JUDICIAL NOTIFICATION: IT’S EFFECT FOR THE JUDICIAL NOTIFICATIONS IN THE IRAQ JUDICIAL SYSTEM

Abstract

Judicial notification is considered one of the basic principles of a lawsuit, which is to notify the litigants of attendance and the development in the case. Judicial notification may have many problems, the most important of which is the invalidity of judicial notification and the accumulation of cases before the judiciary and lack of seriousness in the attendance of the adversaries to gain time by the defendant, or errors found in the notice paper that invalidate its purpose. The main objective of judicial notification is to ensure the litigant’s attendance before the court, and they don’t litigant’s attendance to the court and the effect of its invalidity and the role of the judiciary in case it is invalidated the judicial notification .This prompted the legislator to oblige the litigants to submit their pleadings for judicial notification prior to making any other pleas or to plea of invalidity of the of judicial notification through setting appropriate standards to reduce the case of invalidity of judicial notification. Which calls the legislator for the need to take an important step to regulate the judicial notification and the invalidity of judicial notification can be corrected to serve the judiciary.