الحجية القانونية للقرينة القضائية في الاثبات المدني : دراسة مقارنة == Legal evidence for judicial contexture in Civil prove (comparison study
Author name:
جعفر صادق هاشم فاضل
Supervisor name:
وسن قاسم الخفاجي
General topic:
Law
Specific topic:
Civil Procedure Law
Degree:
Master
University:
University of Babylon - Faculty Of Law - Department Of Private Law
Language:
Arabic
University location:
Babylon
First pages:
13T1726 - p.pdf
Abstract:
Legal contexture is considered one of the evidences prove in civil case because it doesnt lead directly in its references on reality which it is wanted to prove but it is concluded by inspection then it leads to others reality which it connects with event which it is wanted to prove as firm connection the second event is considered as replaced event which it is provable for the first evidence. Judge is required to explain the references and he relies on regular context for occurrences or normal currencies for circumstances then he chooses from all the possible explanations for events or references in particular explanation and he decides on this Explanation and it is considered the real reference which develops the references therefore the judicial contexture is reproduced it related to judge work so it is free to follow or reject it therefore the legislator confesses with estimated authority for Judge to estimate the evidence in case the law doesnt published the truth of judicial contexture but it gives the Judge the authorization to direct the estimated authority toward it.
