حسن نية الخصوم في الدعوى المدنية

Abstract

The principle of good intention is one of the fundamental principles of law, meaning acting with integrity, honesty, and respect for mutual rights and obligations during the course of legal proceedings. This principle requires that the parties to the lawsuit act in good faith, without deception or fraud. The procedural legislator has guaranteed the right to litigation, as it is a fundamental right of every person, but it is stipulated that if recourse is had to the courts, this right must be exercised in good faith. It cannot be used merely to harm or damage the other party or to obtain unlawful rights. Although the legislator in the current Iraqi Law of Civil Procedure has not taken any notable or specific position on the duty of good faith in the areas of litigation or the enforcement of judicial decisions, compliance with this principle is considered a general duty imposed by procedural law on the conduct of the opponent, the judge, or his assistants in any procedure stipulated by law during the stages of civil proceedings. It is an irreplaceable legal principle for the arrangement of its legal effects and the positive repercussions it embodies within the framework of society. Adherence to the principle of good faith is a public duty imposed by procedural law, and the parties to the lawsuit, the judiciary, and their assistants must adhere to it. This includes the duty to adhere to good faith in civil litigation to ensure the application of judicial rulings for the proper administration of justice and to achieve stability and organization of judicial proceedings. In order for good faith to have legal effect, certain conditions, elements, and provisions must be met, and it is not sufficient to rely solely on its moral meaning. A person’s good faith has a significant impact on their liability under procedural law, as it is considered one of the effects resulting from the parties to a lawsuit carrying out procedural acts in good faith. For instance, the plaintiff, when notifying the defendant, may fail to act in good faith, depriving the opponent of the opportunity to attend hearings and defend against the allegations made. Therefore, the conduct of litigants and court officers must not be associated with fraud, deception, or gross negligence.