Formal defects in the Iraqi Civil Code No. (40) of 1951

الملخص

The Iraqi Civil Code No. (40) of 1951 exemplifies the issues of legislative inflation and legislative deletion, revealing inherent legal flaws in the legislation. Given that these deficiencies have resulted in a noticeable vulnerability in the structure of the Iraqi Civil Code, it is imperative to address them by either amending the current Civil Code or entirely abolishing it. The results indicates that the Iraqi Civil Code No. (40) of 1951 contains many inherent flaws, with the most prominent being the issue of legislative inflation, seen in several sections of the Civil Code. There is evidence of another formal defect in the Iraqi Civil Code, namely the legislative deletion, which has caused a significant imbalance in the order of articles.