{"id":41110,"date":"2025-12-13T09:19:19","date_gmt":"2025-12-13T09:19:19","guid":{"rendered":"https:\/\/alghanim-lawfirm.com\/en\/?p=41110"},"modified":"2025-12-13T09:21:45","modified_gmt":"2025-12-13T09:21:45","slug":"regulated-actions-under-article-67-of-the-iraqi-civil-procedure-code","status":"publish","type":"post","link":"https:\/\/alghanim-lawfirm.com\/en\/2025\/12\/13\/regulated-actions-under-article-67-of-the-iraqi-civil-procedure-code\/","title":{"rendered":"Regulated Actions under Article 67 of the Iraqi Civil Procedure Code"},"content":{"rendered":"<p>Proceedings regulated by Article 67 of the Iraqi Civil Procedure Code shall be deemed incidental actions. Such actions comprise matters advanced by the Claimant as a continuation of the principal claim, or which arise therefrom, or are so inseparably connected therewith that they cannot be severed. Any judgment rendered in respect of such incidental actions is capable of affecting the judgment to be delivered in the principal proceedings.<\/p>\n<p><strong>Regulated Actions under Article 67 of the Iraqi Civil Procedure Code<\/strong><\/p>\n<p>Proceedings regulated by Article 67 of the Iraqi Civil Procedure Code shall be deemed incidental actions. Such actions comprise matters advanced by the Claimant as a continuation of the principal claim, or which arise therefrom, or are so inseparably connected therewith that they cannot be severed. Any judgment rendered in respect of such incidental actions is capable of affecting the judgment to be delivered in the principal proceedings.<\/p>\n<p>Third\u2011Party Intervention under Article 69 of the Iraqi Civil Procedure Code<\/p>\n<ul>\n<li>Any person having a legitimate interest may apply to be joined in the proceedings as a third party, either in support of one of the existing parties or seeking judgment in his own favour, where he has a connection with the action, or is bound to one of the parties by a relationship of solidarity or by an indivisible obligation, or where he would be prejudiced by the judgment therein.<\/li>\n<li>Each party may request the court to join any person who might properly have been impleaded at the commencement of the action, for the purpose of safeguarding the rights of both parties or of one of them.<\/li>\n<li>The court shall summon the depositary and the depositor, the pledgor and the pledgee, the lender and the borrower, and the usurper and the dispossessed when hearing an action concerning deposit.<\/li>\n<li>The court may summon any person for clarification of matters necessary to the determination of the action.<\/li>\n<\/ul>\n<p><strong>Conditions for Third\u2011Party Intervention<\/strong><\/p>\n<ul>\n<li>The applicant for intervention must have a connection with the proceedings.<\/li>\n<li>The applicant for intervention must be bound to one of the parties by a relationship of solidarity.<\/li>\n<li>There must exist between one of the parties and the applicant for intervention an indivisible obligation.<\/li>\n<li>The applicant for intervention must be liable to suffer prejudice from the judgment to be rendered in the proceedings.<\/li>\n<\/ul>\n<p><strong>Timing of Incidental Actions under Article 70 of the Iraqi Civil Procedure Code<\/strong><\/p>\n<ul>\n<li>An incidental action must be submitted prior to the conclusion of pleadings, either by way of a written petition served upon the opposing party, or orally during the hearing in his presence. The intervention of a third party, or the joinder of such party, shall be deemed an incidental action.<\/li>\n<li>Where the incidental action includes a request for judgment in favour of one party against the other, or in favour of one party against the third party, or in favour of the third party against either or both of the original parties, court fees shall be payable in respect thereof, and any judgment rendered shall be subject to appeal by the party against whom it is issued.<\/li>\n<\/ul>\n<p>Articles 71 and 72 of the Iraqi Civil Procedure Code have provided :<\/p>\n<p><!--StartFragment --><\/p>\n<p><strong>Article 71<\/strong><\/p>\n<p>&#8220;Either party may object to the admission of a third person into the proceedings. Should the court find that such intervention or joinder is not based upon a legitimate interest, or is intended merely to delay the proceedings, it shall order the rejection of the third person\u2019s admission and shall continue with the conduct of the case. <!--EndFragment --><\/p>\n<p><!--StartFragment --><\/p>\n<p><strong>Article 72<\/strong><\/p>\n<p>( The court before which the case is pending shall adjudicate the incidental claim together with the principal claim whenever possible, provided that such adjudication does not exceed its jurisdiction )<\/p>\n<p>(Where it is not possible for the court to decide both claims simultaneously, and the judgment in the principal claim depends upon the determination of the incidental claim, the court shall first decide the incidental claim and shall thereafter proceed to hear the principal claim ).<!--EndFragment --><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Proceedings regulated by Article 67 of the Iraqi Civil Procedure Code shall be deemed incidental actions. Such actions comprise matters advanced by the Claimant as a continuation of the principal claim, or which arise therefrom, or are so inseparably connected therewith that they cannot be severed. Any judgment rendered in respect of such incidental actions&#8230;<\/p>\n","protected":false},"author":1,"featured_media":38709,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[55],"tags":[],"class_list":["post-41110","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-legal-information"],"acf":[],"_links":{"self":[{"href":"https:\/\/alghanim-lawfirm.com\/en\/wp-json\/wp\/v2\/posts\/41110","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/alghanim-lawfirm.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/alghanim-lawfirm.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/alghanim-lawfirm.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/alghanim-lawfirm.com\/en\/wp-json\/wp\/v2\/comments?post=41110"}],"version-history":[{"count":2,"href":"https:\/\/alghanim-lawfirm.com\/en\/wp-json\/wp\/v2\/posts\/41110\/revisions"}],"predecessor-version":[{"id":41112,"href":"https:\/\/alghanim-lawfirm.com\/en\/wp-json\/wp\/v2\/posts\/41110\/revisions\/41112"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/alghanim-lawfirm.com\/en\/wp-json\/wp\/v2\/media\/38709"}],"wp:attachment":[{"href":"https:\/\/alghanim-lawfirm.com\/en\/wp-json\/wp\/v2\/media?parent=41110"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/alghanim-lawfirm.com\/en\/wp-json\/wp\/v2\/categories?post=41110"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/alghanim-lawfirm.com\/en\/wp-json\/wp\/v2\/tags?post=41110"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}