THE EFFECT OF ELIGIBILITY CONTRAINDICATIONS ON THE CIVIL CODE (A COMPARATIVE STUDY WITH ISLAMIC JURISPRUDENCE)
Keywords:
Cinema, art, director, symbolAbstract
For the validity of any legal action requires the availability of the will, which is the main driver of legal and legitimate actions, and therefore the legislator requires that whoever issues it should have a certain share of mental powers, and the person may be fully qualified, yet he has conditions that prevent him from undertaking the actions himself or alone For this reason, the law decides to appoint a person to undertake these actions or assist him in carrying out these actions, and the legislator’s failure to organize such cases, as there is no special legal regulation of civil barriers. Eligibility, therefore, the Iraqi legislator must have made the impediments to eligibility within a special section called the impediments to eligibility to distinguish them from others
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The Personal Status Court was formed in Meshkhab on 26/6/2004 by Judge Mr. Amer Hussein Hamza, who is authorized to judge in the name of the people, and issued its decision as follows:
Plaintiff /(F.H.P.)
Defendant/Director of Minors Care in Najaf in addition to his job
Resolution/
The plaintiff claimed that her son, K.J.A., was missing on 27/3/1982 in the Iran-Iraq War, and that his news cut off since that date and until now. It requested that the defendant should be invited to plead and rule to prove the death of her mentioned son, to plead in public presence and to brief the court on the document of guardianship numbered 15/1984 in11/1/1984 issued by this court. It includes making the plaintiff as a guardian on her son Kazem Jawaid Obaid for being missing in the battle of Qadisiyah Saddam. The court's access to the copy of the plaintiff's registration and her missing son issued by the cases of al-Mashkhab Register 61 AD folio 61 and the letter of the Primary Health Care Center in Meshkhab No. 517 on 24/5/2004. It includes the non-confirmation of the death of Kazem Jaweed, and the court considered the personal evidence supporting the plaintiff's claim and to the statements of the brothers of the missing person who were admitted by the court for clarification and the statements of the judicial assistant in this court, which was present on behalf of the defendant according to the letter of the Directorate of Minors' Care in Najaf No. 328/on 24/5/2004, which agreed to answer the plaintiff's claim if proven, on him and for all the foregoing and on request, the court decided to prove the death of the missing person (K.J.A.O.) because more than two years have passed since the loss and in circumstances that predominate the death in the Iraqi-Iranian war and to consider the date of issuance of the decision as the date of death and shall be indicated in the official records and the notification of the competent authorities thereof after the decision has acquired the final degree on which the case shall be sent to the Court of Excellence for discriminatory audits on the basis of the provisions of article 309 of the Code of Civil Procedure and the decision was issued on the basis of the provisions of articles 156, 161, 166, 203 and 309 Civil Proceedings and articles 86, 87 and 94 of the Law on the Minors care as a cassation and publicly understood judgment on 14/6/2004.
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Sentence Type :: Personal Status
Sentence Number ::8904/Eligibility/2012
Date of Sentence ::12/12/2012
Issuer::Federal Court of Cassation
Upon scrutiny and deliberation, it was found that the cassation appeal was filed within the legal period and decided to accept it in form and upon consideration of the distinctive judgment it was found to be incorrect and contrary to the provisions of the Sharia and the law, and that the penalty of life imprisonment imposed on the privileged person entails by law the deprivation of the sentenced person from managing or disposing of his funds without recommendation and suspension based on the provisions of Article (97) of the Penal Code. i.e., it is considered a sentence of ineligibility in relation to the acts, in which the court appoints a trustee to manage his money, but the case in question does not fall within the foregoing and the sentenced person retains his legal personality, so he decided to revoke it and return the case to its court to follow the above, provided that the discrimination fee remains dependent on the result and the decision was issued by agreement on 27/Muharram/1434 AH corresponding to 12/12/2012.
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