Show: 25 50 75 100 Results

Search results: 1 out of 1

اجراءات الاثبات المدني : دراسة مقارنة == Civil Proofs Affirmation Procedures

Author name: وائل مؤيد جلال الدين الجليلي
Supervisor name: عباس زبون عبيد العبودي
General topic: Law
Specific topic: The Law of Evidence
Degree: Master
University: University of Al Mosul - Collage Of Law - Department Of Private Law
Language: Arabic
University location: Mosul
Key words:
  • الاثبات المدني
First pages:
Abstract: تعد اجراءات الاثبات قواعد شكلية، تحدد ما يتبع من وسائل في تقديم طرق الاثبات يجب على الخصوم القيام بها، وهذه الاجراءات ترتبط بالاثبات القضائي المدني الذي له اهمية بالغة في التاكيد على وجود الحقوق وصحتها، ولا تكاد تخلو اية دعوى مدنية من وجوب وجود الاثبات | The proof registration is a one of the routine procedures. It specifies the means that both disputed parties have top follow. These procedures are linked with the civil judicial proofing system that has a great value in assuring people's rights and its legality. There is no civil complain without the proof system being affirmed in it and its procedures as well. The legislator aims to achieve justice, respect to the defense rights and facilitates the proving process. That's due to the fact that there is no siting procedures are being shown in it that the disputed parties and judges have to commit to. The disputed parties can not impose procedures of other proving procedures that the law has not mentioned.Therefore, the proof system has a great value to both disputed parties because they mostly lose their cases. This is due to their not following the right ways of law. The present paper discovers the ambiguities the these procedures has and that belong to the proofing system in the law by providing evidence to the court of law and make the judges committed to these evidence though it is routine. These procedures have to be before the court of law and to be part of the civil complain case and that the law is based on it directly.These procedures are comprehensive and general. This paper has tackled some of these proofing procedures that directly coincide with the case that need to be proved. It includes the written evidence proving in experience and checking. Also, the indirect proof system that doesn’t coincide with the case needed to be proved and includes the evidence of gestures and confessions and questioning and the oath. Then, the court of law authority duration has been specified in the terms of the procedures that govern the evidence and proofs whether it is direct or indirect one.