Authority of the Court with regard to the technical opinion in the civil case (Comparative study)

Abstract

Some of the issues before the Court go beyond the knowledge of the Court because of their purely technical and scientific nature. The law therefore allows the court to use the technical opinion to reach a speedy and equitable solution to the dispute. As the technical opinion concerned topics beyond the knowledge of the Court, this point raised questions about the authority of the Court to monitor the expert's technical work with regard to the procedures for the appointment, supervision and termination of the expert. Also on the merits, the authority of the Court to evaluate the expert's opinion to determine the extent to which the Court is bound by the statements and conclusions of the expert's report or to evaluate the opposing technical opinions. The position of the Iraqi legislator to regulate the subject matter of expertise and compare it with the aforementioned Egyptian and Lebanese legislation demonstrates the need to address certain procedural aspects in order to give the court greater procedural authority so as not to delay the consideration of the case.