Share
وسائل الاثبات في الدعــوى الاداريــة : دراسة مقارنة == Instruments Of Affirmation In Administrative Cases Comparative Study
Author name:
ماهر عباس ذيبان الشمري
Supervisor name:
عمار طارق عبد العزيز العاني
General topic:
Law
Specific topic:
Administrative Law
Degree:
Master
University:
Al-Nahrain University - Collage Of Law - Department Of Public Law
Language:
Arabic
University location:
Baghdad
First pages:
13T1570 - p.pdf
Abstract:
In the shade of the difference in the nature of ordinary cases about administrative cases, some may wrongfully imagine that the methods or the ways of confirmation applied before the ordinary judicature may all be applied before the administrative judicature.These methods are distinguished by the same importance without distinction between a part of them rather than the other, or not to be there a priority to some of the methods before the administrative judicature.For the importance of the methods of confirmation by the general attribute and for bringing out its particularity in the administrative cases by a special characteristic, it has been thereby the subject for this thesis.We have designated the introductory chapter to define the administrative case and confirmation from the perspective of clarifying the concept of administrative case. It was stirred up by a difference among the jurists about establishing a criterion dis criminating it with regard to the other cases. In addition, it deals with the study of the kinds of administrative cases, and to make clear the points that discriminate the administrative cases from the civil cases.This chapter also includes an explanation of the concept of confirmation and its importance, the onus of confirmation and the belief applied before the administrative judicature.So, in the first chapter we have seen to specify it to the methods of confirmation related to the preparation of a file of administrative case. As a whole, it is a method of charging both sides by presenting documents whether to the individual or to the administration. The specialty of that charge is in the manifestation of the trace resulted from the nonpresence of the required documents for confirmation. In addition, it is to show the means of investigation from the truth of the file papers of the administrative cases, whether by means of appealing by forgery or by negation the bond (an investigation of lines). After wards, it is to reveal the deposited papers in the file of administrative case, whether the administrative papers or the administrative proceedings.As for the second chapter, we have specified it to the methods of confirmation personal related to the parties of administrative case. They are considered as issued from those parties by themselves, whether by written or unwritten form. These methods participate in confirmation without the need to the intervention of others, or to take a procedure outside the parties of the administrative case or their documents. They are all from the written methods represented by the official bonds and the ordinary bonds (traditional), as well as the methods of confession, interrogation and oath.In the third chapter, we have dealt with the study of the methods of confirmation objectivity unrelated to the parties of administrative case. These methods are distinguished from the previous methods of the mentioned confirmation that they are not emanated from the parties of administrative case or that it does not take part in confirmation by ways of the parties of the case by themselves. It rather requires the intervention of the judge or anyone else to carry out its function in confirmation. As a whole, they are testimony, experience, observation and presumptions.Finally, we have referred to the study of numerous judiciary decisions issued from the French, Egyptian and Iraqi administrative judicature. The thesis is concluded by the most important results and recommendations.
