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3. The Judicial System

Similar to the judicial system in most of the countries in the Area, Iraqi courts are divided into two major divisions namely; Civil and Criminal. Personal Status courts, which form the third division, mainly deal with matters of personal status such as marriage, divorce, custody of children, inheritance, endowments and similar matters. Litigation in these courts is generally provided in three stages, namely, courts of first instance, appeal and cassation. State security matters and serious criminal offences are usually referred to special courts.

4. The Judiciary

Judges are usually appointed by the Ministry of Justice from amongst graduates of recognised law colleges who begin their careers by serving as clerks and officer of the courts. Judges are assigned to serve in courts, transferred and promoted by the Ministry of Justice.

5. The Legal Profession

Practising lawyers have to be members of the Iraqi Lawyers Association. They should be graduates of an Iraqi law college or other recognised college which requires an additional Law Association examination.  After a period of training lawyers are allowed to plead cases in the different court divisions. Practising Arab lawyers who are members of an Arab Lawyers Association are allowed to plead cases on the basis of reciprocity and after obtaining the approval of Head of the Lawyers Association. 

6. Laws Regulating Litigation 

Enforcement of Foreign Judgements law No. 30 of 1928.
Lawyers Association Law No. 173 of 1965 (as amended) 

Civil Procedures law No. 83 of 1969.

Evidence law No. 107 of 1979.
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Iraq Legal System, How Foreign Companies Can Do Business

 

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