أحكام قطع النزاع بالتراضي - دراسة مقارنة

Abstract

Discontinuation of conflict has several forms in positive law, among which is the matter of conflict resolution in international relations, whose provisionsare regulated by general international law, conflict resolution in criminal matters and criminal law matters, and conflict resolution in commercial transactions and so-called reconciliation prevented bankruptcy. And regulated in the bankruptcy section of the commercial law, where Islamic jurisprudence deals with cutting off conflict and reconciliation between Muslims and infidels, cutting conflict between spouses and its provisions regulated the Personal Status Law, but the subject of our study will be limited to cutting conflict in civil law. As the Iraqi Civil Law stipulated the definition of conciliation in Article (698) as "a contract to file a dispute and cut off the litigation by mutual consent," according to this article, which is the subject of mutual conflict settlement among the important topics related to conflicts that arise in socicty as a result of transactions. Everyday and social, and considering consensual conflict-cutting as an alternative means of resolving disputes in an casy way by bringing views between the parties and creating solutions to their conflicts in the present and the future and coexistence on peace and security and the reforms of the two, but this reconciliation must be documented and conflict is broken Before the competent courts to be h On the limbs and non-renewal of rivalry between