The Role of Electronic Notification in Accelerating the Litigation Proceedings in Civil Lawsuits: (A Comparative Study)

Abstract

Objective: The purpose of the article research of the topic is represented in showing the role of E-notification in accelerating the litigation proceedings in civil lawsuits, as it saves time, effort, and expense, as well as addressing the problems of traditional notification, and propose recommendations to complete the legal system concerned. Method: In the current research, which is based on the analysis of legal texts, the analytical approach and the comparative approach were adopted. A comparison was made among the" Iraqi Civil Procedure Law No. (83) of 1969 amended by Law No. (10) of 2016", and the UAE Federal Civil Procedure Law No. (11). ) for the year 1992 amended by Law No. (15) for the year 2021 and its bylaw No." (57) for the year 2018 amended by Law No. (75) for the year 2021". Results: Some valuable findings have been revealed such as The electronic notification is an effective way to accelerate the judicial proceedings because it prevents the recurrence of notification, and reduces the objection to the judgments in absentia due to the certainty of informing the defendant in addition to the ease of the notification process, regardless of the location of the defendants. Conclusion: The research employs theories that Electronic notification is a result of the advancement of current communication techniques as well as the pervasive use of mobile devices and the Internet across a variety of aspects of economic and social life. Despite this development, the Iraqi legislator still maintains the same traditional means that he put in place when enacting the Civil Procedure Code. He excluded the electronic means from all judicial proceedings from the scope of the electronic signature law, including proceedings related to the judicial notification. On the contrary, the UAE legislator adopted electronic judicial notification in order to accelerate such civil litigation proceedings.