Objection to Default Judgments: A Comparative Study between Iraqi Law and Lebanese Law

This study examines the subject of objection to default judgments as one of the ordinary methods of appeal established by the legislator to protect the right of defense and ensure the administration of justice. It presents a comparative analysis between Iraqi law and Lebanese law, with reference to relevant Arab legislations. The study proceeds from the significance of default judgments and the potential impact they may have on the legal position of the party against whom judgment is rendered without having the opportunity to appear before the court and present his defense. This justifies granting such party the right to challenge the judgment before the same judicial body that issued it. The study aims to clarify the concept and characteristics of objection to default judgments, identify the judgments that may be challenged through this method, and distinguish it from other methods of appeal, particularly appeal, retrial, third-party objection, cassation, and correction of cassation decisions. It also addresses the procedures for filing an objection claim, the required particulars in the objection petition, and the legal effects resulting from filing such objection, foremost among which are the reconsideration of the dispute before the court and the suspension of execution of the default judgment, unless it is subject to expedited enforcement. The study adopts a comparative approach by analyzing the provisions of the Iraqi Civil Procedure Law No. 83 of 1968, as amended, and comparing them with the Lebanese Code of Civil Procedure, while also benefiting from relevant jurisprudential and judicial trends. The study concludes that objection to default judgments constitutes an important procedural guarantee for the party judged in absentia. However, its use may sometimes become a means of prolonging litigation if it is not regulated by precise legal controls. The study therefore recommends reconsidering certain provisions governing objection under Iraqi law, particularly those relating to unjustified failure to appear, and adopting stricter procedures against vexatious claims, in a manner that balances the right of defense with the stability of judicial decisions.