The value of the civil lawsuit and its impact on the Civil Procedure Code A comparative study

Authors

  • Adil Ajeel Ashour College of Law / University of Al-Muthanna

Keywords:

The value of the civil action, assessment of the civil action, the fee of the civil action, assessment of attorneys’ fees, appeal

Abstract

Every lawsuit filed before the courts, its value must be estimated, and if it is not quantifiable, a lump sum fee is estimated for it. And some of them are subject to special rules of estimation according to their nature if it is a real estate with its value, or any right in rem that is estimated according to its value on the day the lawsuit was filed, taking into account the multiplicity of litigants imposed primarily in the lawsuit or through the entry of the third person into the lawsuit and its impact on the estimation of the lawsuit’s value and by which the lawsuit’s value changes from what A legal fee has already been paid for it,The case may not be valued, so it is subject to a lump sum fee, and the course of the case is affected by its value in terms of determining the competent court, estimating the legal fee, estimating the attorney’s fees, and the extent to which it is subject to appeal, and whether what is relied upon in the appeal is its value when it is filed or what the fee has been paid. Legal fees according to the final requests for which the legal fee is paid, or what the court has ruled, And does determining the competent court relate to the value of the case at all or to its type has an impact on that, and it has been discussed how to estimate the value of the case according to several cases, as well as the impact of the value of the case on its course according to the Iraqi Civil Procedures Law and the Egyptian Civil and Commercial Procedures Law, in which the value of the case is more effective by determining specialized court

 

Published

2023-08-17