Judicial Expenses and Costs in Civil Litigation (A Comparative Study)

Judicial expenses and costs represent a fundamental component of the justice system, constituting a financial burden on the parties to a civil lawsuit, which influences the decision to resort to litigation. Despite their importance, their legal regulation in Iraqi legislation, particularly in the Code of Civil Procedure, shows deficiencies. These shortcomings include the lack of precise criteria for their assessment, the ambiguity surrounding the types of costs recoverable, and the detailed procedures for enforcing the decision on costs. Furthermore, the allocation of these expenses poses significant practical challenges, especially in cases of acquittal or when a case is dismissed for reasons other than a merit’s judgment. The question of fairness in imposing these costs on one party over the other remains pertinent. Consequently, this study highlights the necessity to examine and analyze the relevant legal provisions, aiming to propose a framework for developing the legal regulation of judicial costs. This endeavour seeks to balance the fairness of distributing financial burdens with the efficiency of the judicial process.