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Established in 2006 as a Community of Reality

Welcome to the Neno's Place!

Neno's Place Established in 2006 as a Community of Reality


Neno

I can be reached by phone or text 8am-7pm cst 972-768-9772 or, once joining the board I can be reached by a (PM) Private Message.

Established in 2006 as a Community of Reality

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Established in 2006 as a Community of Reality

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    Judicial Aid: A project exempts the poor from court fees

    Rocky
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    Judicial Aid: A project exempts the poor from court fees Empty Judicial Aid: A project exempts the poor from court fees

    Post by Rocky Sun 17 Sep 2017, 2:06 am

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    Judicial Aid: A project exempts the poor from court fees


     Baghdad / Range 

    The Iraqi legislator granted to the oppressed and the destitute a number of citizens citizens judicial aid, by exempting them from the court fees and the costs of the proceedings, through an application attached with the file of the case provided that the need is proved. Judges stressed that aid was a humanitarian principle found in other international legislation, but pointed to the scarcity of applications in Iraqi courts, and attributed the reasons to ignorance to legal culture.

    Judge Saad Idan said in a press statement that "a lot of legislation and regulations have been applied to the principle of judicial aid, including Iraqi law, which is one of the humanitarian aspects that legislation has always given to those who deserve it." Aidan knows that "the poor will be exempted from the initial fees, the fees for completing the proceedings and the court fees resulting from the appeal of the verdicts." Aid applications rarely respond to us despite the fact that the legislation is old and existing. "Judicial aid is an exception to the general rule," Idan said. "It is well known that any action will not proceed unless the legal fee is met, but in this humanitarian case it is not subject to the general rule."


    As for the conditions of those who are entitled, Idan explained that "the applicant of the aid requires the condition of poverty and its necessity, which must be continuous throughout the period of the continuation of the legal proceedings starting from the submission of the request, and if it becomes easier and improved his physical condition during the stages of the lawsuit he may pay the aid included." As for the mechanism or procedures in which judicial aid is granted, Idan said, "The plaintiff must be required to charge the defendant with the merits of the case as a fee or attorney's fees as a waiver and to prevent the opposition. In view of the poor case, the judge will issue an urgent judicial decision on the petition, . "Here comes the role of the accounts in the court, which postpones the completion of the legal fee for the aid applicant, or it completely eliminates it." For his part, Judge Zia Jabbar al-Jabri said "



    Al-Jabri added that "aid is a guarantee for a person who can not pay the fees that are burdensome, so that he can claim his right before the courts. He has been appointed by the judiciary according to a certain legal path and how it is given to persons and allocated to the poor. As they are granted to natural persons as well as granted morally to righteousness and benevolence. " Al-Jabri added that "although the law stipulated the condition of establishing poverty, another condition was laid, namely the possibility of winning the lawsuit, which is discretionary authority of the court which it grants." "The application must be made by the poor person or who can not pay the court fees for the competent court or the appeal, and the facts of the case, evidence of evidence or an annex to the application shall indicate the poverty, as indicated in article 294, paragraph 1."

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