The Judicial Judgment and its Applications in Iraqi and Iranian Law: A Comparative Study

The issue of a non-existent judicial judgment occupies a special importance in the judicial work. This importance is manifested in the fact that if the judgment loses one of its basic pillars, or there is a fundamental defect affecting its entity, it loses the capacity of the judgment and is non-existent, but if the defect that marred did not extend to its convening and therefore did not lose Its nature as a ruling only affects its validity, as it is considered invalid and not non-existent, for lack of it is a more severe degree than invalidity, because the invalid ruling exists and produces its legal effects until it is legally ruled invalid. The aim of this study is to clarify the dead judicial ruling and shed light on it in the Iraqi and Iranian laws and between its applications and comparison in the two laws.During this study, the researcher has drawn several conclusions, the most important of which is (adhering to the absence is only before the judicial authority that issued it or a higher judicial authority than the one that issued it, and it cannot be adhered to before any judicial or non-judicial body, and we also found that the idea of ​​the absence of judgments is a general idea that is applied regarding Every ruling issued by the judiciary and this idea cannot be allocated to be limited to a specific court or a case in itself. Rather, its ruling constitutes all the courts of the judicial authority. It is a general and comprehensive idea that is found in the field of any judicial work of any kind or its issuing authority without the decisions issued by the courts, whether they are an order on petitions or in a summary judgment.