The positive role of the judge in the conduct of civil litigation

Abstract

The dispute before the judiciary is governed by more than one law at the same time, as the civil litigation from the moment of its establishment and during its conduct is governed by various rules, including those relating to the procedures, some of which are related to the subject matter and others related to the rules of evidence.  Since the purpose of submitting the dispute to the judiciary is to resolve it not according to what the litigants want for themselves, but as required by justice Here the positive role of the judge is highlighted in the management of civil litigation and to ensure the correctness of its procedures and adjudication within a reasonable time.

          The positive role of the judge in the management of civil litigation is found in the legal texts, which included I two types of rules in the field of the judge's powers.some  which oblige the judge to take a specific procedure by formulating the legal rule in certain words such as (the judge must) or (the court  abides). Some of these rules leave the choice and appreciation to the judge in taking a certain action such as (the judge will) or the phrase ( the judge may). And the judge, by in all this the discretionary power which he must exercise in many stages of the judicial work.

        During our review of the Iraqi Civil Procedure Law No. 83 of 1969 and the Iraqi evidence Law No. 107 of 1970, we find many aspects in which the positive role of the judge in the management of civil litigation is highlighted. At the same time, there are some restrictions imposed on this positive role. this includes restrictions imposed by law, so we will try during researching  this subject to deduce and analyze the legal texts related to the citizen in which the positive role of the judge in the management of civil litigation is highlighted and induce and the texts related to the restrictions imposed on the judge in his positive roleave deduce  and analysed.