University of Basrah organizes a discussion session on the legal organization of objective defenses. College of Law at University of Basrah organized a discussion session on the legal organization of objective defenses.
The session, in which researcher Zaman Fawzi Katea lectured, aimed to identify the lawsuit as a procedural right that grants its owner the right to raise a specific claim to the judiciary through what is known as judicial requests, by which the plaintiff aims to obtain judicial protection by filing a lawsuit before the defendant.
The session discussed that it is required to raise these defenses once, and raising one of the defenses does not lead to the loss of the right to raise another defense, as we saw that the principle is for the court to decide on the formal defense first, however, the court can include this defense to the subject and decide on them together in one ruling provided that it states in its ruling what it ruled on each defense separately, as we found that the ruling to accept the objective defense has the force of res judicata, which results in the inadmissibility of raising the same lawsuit again.
Government Media and Communications Department