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College of Law, Sumer University

كلية القانون جامعة سومر

P-ISSN: 3081-1082
Researchers in the field of law

The Role of the Opponent in Preparing Civil Evidence Comparative Study

Ammar Mohsen Kazar Al-Zurfi

Abstract

The owner of a right is not considered to be so unless he can prove his right through evidence. The right may exist in reality, but there is no legally acceptable evidence of its existence. Therefore, the judge cannot recognize it, even though it must be respected. This leads to a discrepancy between judicial truth and factual truth, and this is not required by the principles of justice that the judiciary aims to achieve. Each party in a civil suit has the right to prove their claim before the court, and the judge must enable them to do so through the methods prescribed by law. The determination of these methods depends on the established legal system of each country, and whether it is restricted, unrestricted, or a combination of both. A restricted legal system defines the evidence exhaustively, thus rendering the judge's role passive and leaving them with no discretionary power. This creates a gap between factual truth and judicial truth. As for the... Absolute proof means that it releases the evidence for the freedom of the litigants and gives the judge absolute authority in assessing the evidence, thus making the judge’s role a positive one, which leads to instability in transactions. As for the mixed method of proof, it specifies the evidence of proof in an exclusive manner, and determines the value of value of others to the judge’s discretion, thus making the judge’s role a neutral one, and thus it leads to bringing the judicial truth closer to the factual truth, and it also achieves the stability of transactions.

الكلمات المفتاحية: : role, opponent, preparation, evidence, civil

اقرأ البحث

تحميل دور الخصم في إعداد الأدلة المدنية دراسة مقارنة (Arabic)

معلومات النشر

كيفية الاقتباس

Ammar Mohsen Kazar Al-Zurfi. "The Role of the Opponent in Preparing Civil Evidence Comparative Study". College of Law, Sumer University, %2026.