The Official Journal for College of Law and Political Science, Alnoor University

Procedural Capacity in Civil Litigation- An Analytical Study

Volume 2, Issue 4
Autumn 2025
Pages 153-167

Document Type : Original Article

Author

University of Al-Hamdaniya

Abstract
This research addresses the topic of procedural capacity in the Civil Procedure Law, as it constitutes a fundamental condition for the admissibility of a lawsuit before the judiciary. The study focuses on clarifying the concept of procedural capacity and its types, which include the capacity to be a party (capacity to sue or be sued) and the capacity to litigate, while explaining the distinction between them. It also examines the factors affecting litigation capacity, such as age and mental competence, in addition to the material, legal, and natural impediments that may prevent a person from conducting legal proceedings on their own. Furthermore, the research discusses procedural representation for those who lack or have diminished capacity, highlighting the roles of the guardian, custodian, curator, and the Directorate of Minors’ Welfare in protecting their interests. A section is also devoted to explaining the litigation capacity of legal people. The study concludes that procedural capacity is a matter of public order, and its absence leads to the dismissal of the case on procedural grounds without addressing its merits. Finally, the research presents several legislative proposals aimed at unifying and organizing the rules of procedural representation in Iraqi legislation.

Keywords

Subjects
https://scholar.google.com/scholar?q=%2210.69513/jnfls.v2.i4.a13%22
  • Receive Date 27 September 2025
  • Revise Date 13 November 2025
  • Accept Date 16 November 2025
  • Publish Date 27 December 2025