The Importance of the Code of Civil Procedure and a Critical Perspective on It

It cannot be denied that the Code of Civil Procedure achieves many important objectives: it regulates litigation procedures, guarantees the right to defense, and ensures equality between the parties before the courts. It also defines the jurisdiction of courts and the methods for appealing judgments, thereby helping to protect rights and achieve justice.

However, I believe that the abundance of procedures and the complexity of certain provisions can sometimes prolong litigation, which negatively affects litigants, particularly in cases requiring swift resolution. Moreover, the multiplicity of formal procedural requirements may cause some individuals to lose their rights due to procedural errors, even when they are substantively entitled to them.

From my perspective, the Code of Civil Procedure requires continuous review to keep pace with modern developments, especially in the realm of digital transformation, by expanding electronic litigation, simplifying procedures, and reducing complexities that do not affect the essence of justice. The purpose of the law is not to multiply procedures, but to attain justice as quickly as possible while preserving the guarantees of due process.

In conclusion, studying the Code of Civil Procedure is highly important, as it teaches us that justice depends not only on knowing one’s rights, but also on knowing the correct way to assert them. At the same time, I believe the law should be more flexible, striking a balance between procedural safeguards and the achievement of justice, so that procedures do not become an end in themselves.

Walid Fadhil Hussein

College of Commercial Studies – Law Major