This analysis explores how judges mitigate legislative deficiencies in Iraqi civil law, highlighting their interpretative roles and use of legal sources.
Legislative deficiencies in Iraqi civil law become apparent in practice when the legal text is ambiguous or absent. This leads to legislative deficiencies, requiring judges to resort to legal means to fill this gap. These means include interpreting the text when it is ambiguous, or resorting to other legal sources specified by civil law to address the deficiencies when the legal text is absent. To provide a clear picture of the role of the judge in addressing legislative deficiencies, we have divided this research into two sections, as follows:Section One: The Role of the Civil Judge in the Presence of a Legal TextRequirement One: The Case of AmbiguityRequirement Two: The Case of Conflicting Legal TextsSection Two: The Role of the Civil Judge in the Absence of a Legal TextRequirement One: The Role of the Judge in Using Civil Law Sources to Address Legislative DeficienciesRequirement Two: Evaluating the Position of the Iraqi Legislator in Addressing Legislative Deficiencies
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Hasan aleubaydi (2025) studied this question.
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