عنوان المقال عربي
الدعاوى غير القابلة للتجزئة في قانون المرافعات المدنية: دراسة مقارنة
Abstract
The lawsuits are indivisible in terms of the subject matter, in which there are multiple partners who are united by the unity of the subject, and this subject is not indivisible. And the appeal filed by one of the litigants benefits the others, whether they appeal or not, because they are harmed by the outcome of the appeal, or they benefit from it according to their appellant partner, and it is an exception to the relativity of the impact of the appeal, and its legal nature is different from the solidarity claims in that it focuses on the subject matter of the case and not on its persons, and its scope is affected by the type of infections and the privacy of persons, and the procedures for indivisible lawsuits are different from being affected by the multiplicity of plaintiffs or defendants. The importance of the research lies in the fact that the indivisible lawsuits have multiple litigants and as a result there are many procedures, and being an exception to the relativity of the effect of the appeal, the partner benefits and harms whether he appeals or not, what The courts do not dispute all partners, the heirs, one of whom represents the rest of the heirs, unless this is subject to collusion, and the absence of a legal prosecution between them.
Keywords
appeal, indivisible, multiple opponents, challenge, lawsuit.
Recommended Citation
Ajeel, Walaa Adil and Mezher, Haider Ali
(2025)
"Non-divisible claims in the Civil Procedure Code: a comparative study,"
Uruk for Humanities: Vol. 15:
Iss.
4, Article 20.
Available at:
https://muthuruk.mu.edu.iq/journal/vol15/iss4/20
