THE NATURE OF PROCEDURAL SILENCE IN CIVIL PROCEDURE LAW AND DISTINGUISHING IT FROM SIMILAR SITUATIONS: A COMPARATIVE STUDY

Abstract

This study examines procedural silence in civil procedure law in terms of its legal nature and its distinction from similar situations, such as implied expression, qualified silence, and the principle of good faith. The research adopts an analytical-comparative approach to legislation, jurisprudence, and doctrinal trends in Iraqi law, with reference to comparative laws. The study concludes that procedural silence is a complex phenomenon, ranging from a purely negative stance of inaction to an implicit will manifested in acceptance or implicit waiver. This complexity necessitates legislative intervention to regulate it and unify judicial standards.