Civil liability arising from the abuse of procedural right in civil proceedings

Development necessities call for the procedural rules to keep pace with other objective rules after their independent roles in protecting the legal system become confirmed and the tendency of studies to show the principles and special theories characterizing it. However, procedural liability rules have not kept pace with such progress which has been given such a little research that it does not harmonize with its importance in protecting the procedural rules against the frivolity of the litigants and all those which violate it, which constitutes a cornerstone in securing right and freedom. If securing due respect for it is not possible, how would it be the case if it calls for securing other legal rules?. In addition to that, the provisions of the restricted organization of liability in the procedural field on the part of the Iraqi legislator are void of the a general text dealing with the abuse of procedural rights and the right of the injured person to compensation on the basis of the civil liability of his/her litigant if no liability punishments for some dispersed cases which do not amount to prevention form abuse of procedural right, although the Iraqi legislator endorses the theory of right abuse in Article "seven" of the civil law. The study aims at formulating a general theory for procedural abuse of right which goes with the nature of procedural rights, for the Iraqi civil procedural law is void of any text to that effect, compared with the legislations of the other states. .