Laxity in Claiming as A Reason for The Loss of The Right to Claim Compensation

Laxity as a term was originally introduced by Muslim jurists, and it means laziness and procrastination. This term was not mentioned in legal texts, especially the Iraqi Civil Law. However, it is noted that the Federal Court of Cassation, and before it the courts of first instance and personal status courts, took this term as an indication of the plaintiff's failure to claim his right for a period of time, which made it take it as a reason to reject the claim for the right, based on its own interpretation and contrary to the legal texts that did not consider laxity a reason for the right to lapse. The Iraqi courts considered laxity a reason for the right to claim compensation to lapse without a legal basis, and this is considered an infringement on the legal texts. In this research, we will discuss the meaning of laxity and whether it can be considered a reason for the right to claim compensation to lapse, and the extent of the validity of this interpretation adopted by the Iraqi courts.

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Publication Details

Journal
Bilad Alrafidain Journal of Humanities and Social Science
Published
2024-12-15
DOI
https://doi.org/10.54720/bajhss/2024.060407
Primary Topic
European and International Law Studies
Type
article
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article

Laxity in Claiming as A Reason for The Loss of The Right to Claim Compensation

Qasim Brees Ahmed
Bilad Alrafidain Journal of Humanities and Social Science
European and International Law Studies
article

Laxity in Claiming as A Reason for The Loss of The Right to Claim Compensation

Qasim Brees Ahmed
article en

Abstract

Laxity as a term was originally introduced by Muslim jurists, and it means laziness and procrastination. This term was not mentioned in legal texts, especially the Iraqi Civil Law. However, it is noted that the Federal Court of Cassation, and before it the courts of first instance and personal status courts, took this term as an indication of the plaintiff's failure to claim his right for a period of time, which made it take it as a reason to reject the claim for the right, based on its own interpretation and contrary to the legal texts that did not consider laxity a reason for the right to lapse. The Iraqi courts considered laxity a reason for the right to claim compensation to lapse without a legal basis, and this is considered an infringement on the legal texts. In this research, we will discuss the meaning of laxity and whether it can be considered a reason for the right to claim compensation to lapse, and the extent of the validity of this interpretation adopted by the Iraqi courts.

Bilad Alrafidain Journal of Humanities and Social ScienceVol. 6(4)
Weatherford College (US)
Openalex Percentile: Top 58%
European and International Law Studies
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