Right of appreciation in civil evidence comparative study
DOI:
https://doi.org/10.61841/ht914z64Keywords:
plaintiffAbstract
The right of the calendar is one of the legal means that have been found to protect rights from conflict or abuse. They are closely related to the right and are accompanied by existence and infallibility. The purpose of their legislation is to seek justice and to protect the rights of individuals from loss. It is impossible for the judge to determine the true value of the thing, and then he can direct the oath. But it has to determine its true value. And not the value of the plaintiff; the judge determines in this case the maximum value of the plaintiff's right, and this value of the plaintiff does not abide by the judge; because it is a complementary right, he can rule less than that value or more according to his authority and Maitra him. It provides real evidence relative to the value of the thing; it remains to strengthen this evidence with a legal right complementary to the right of the calendar addressed to the plaintiff, which calls for the recovery of the object and the impossibility of the response; its goal is to assess the value of the thing and show the right to protect rights from loss and non-aggression.
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1 - See: Muhammad ibn Abi Bakr bin Abdul Qader Hanafi Razi (666 e), Mukhtar Sahah, investigation: Yusuf Sheikh Mohammed, I 5, Modern Library, Model House, Beirut, 1420 e/ 1999, c. 1, p.
2: Surah Al-Hakka/verses 44-45.
3: Jalal al-Din al-Suyuti and local Jalal al-Din, interpretation of the two holy imams, by Abdul Rahman Mohammed, committed to printing, Egypt, without a year printed, p. 502.
4: Ismail bin Katheer Damascene (v. 774 e), the interpretation of the great Koran, commented on and out of his conversations Hani al - Hajjaj, reviewed conversations on the books of Nasser al - Din al - Albani, Daral - Tawfikia for printing, Cairo, 2008, c 8, p.
5: Al-Teen/verse 4.
6—See: Nashwan bin Said Al-Humeiri Yemeni (d. 573 e), Sun Science and Medicine, Kalam Arabs of the Klum, Investigator: D Hussein bin Abdullah Al-Omari and Mutahar bin Ali Al-Iryani and Dr. Yusuf Mohammed Abdullah, I 1, Contemporary Thought House, Beirut, Dar Damascus, 1420 AH / 1999, p. 8, p. 5681 (the door of the calendar).
7—See: Muhammad ibn Abi al-Fath Ibn Abi al-Fadl al-Baali (709 e), familiar with the words of the masked investigator: Mahmoud Arnaout and Yasin Mahmoud Al-Khatib, 1, Al-Sawadi library for distribution, 1423 AH/2003, p. 492 (section division).
8. See: Muhammad Rawas Qalaji and Hamed Sadiq Quneibi, Dictionary of the Language of Jurists, II, Dar Al-Nafais for Printing, Publishing, and Distribution, 1408 AH/88, p. 142 (Bab Harfat).
9- Mohammed bin Ismail Abu Abdullah Al-Bukhari Al-Jaafi, Saheeh Al-Bukhari, Investigator: Muhammad Zuhair bin Nasser Al-Nasser, 1, Dar Tuq Al-Najat, 1422 H, 3, p. 144 (Bab.
10-Dr. Ahmed Mokhtar Omar, with the help of a working group, a dictionary of linguistic correctness, the guide of the Arab intellectual, 1, the world of books, Cairo, 1429 AH/2008, p. 1, p. 611 (valuable door).
11- Dr. Ahmed Mokhtar Omar with the help of a working group, op. cit., C1, p. 206.
12. Consider: Ahmed Mukhtar Omar with the help of a working group, op. Cit., C1, p. 351 (Valuation section).
13. Consider: Saadi Abu Habib, Dictionary of Jurisprudence Language and Asstaha, I 2, Dar al-Fikr, Damascus, 1408 AH / 1988, p. 311 (Bab al-Qaf).
14 - The Foundation for the Investigation of Heritage in the Foundation of the Message, under the supervision of: Mohamed Naeem Al-Arqasusi, I 8, Al-Resala Foundation for Printing, Publishing, and Distribution, Beirut, 1426H (2005). , P. 1, p. 11520 chapter of the separation of Kef.
15- See: Reinhart Peter Ann Dozzi (1300 AH), supplementing the Arabic dictionaries, and transferring it to Arabic and commenting on it: Mohammed Salim Al-Nuaimi, I, Ministry of Culture and Information, Iraq, 1979-2000, p.
16- The Arabic Language Complex in Cairo (Ibrahim Mustafa/Ahmed El Zayat/Hamed Abdelkader/Mohamed El Naggar), The Medieval Dictionary, Dar Al Dawa, 2, p. 771 (Bab Al Kaf).
17- The Arabic Language Complex in Cairo (Ibrahim Mustafa / Ahmad Al-Zayat / Hamed Abdel-Qader / Muhammad Al-Najjar), previous reference, c. 2, p. 768 (Bab al-Qaf).
18. For further detail, see: Abbas al-Aboudi, Shari'a Hammurabi, Dar al-Thaqafa for Publishing and Distribution, Amman, 2001, p. 56.
19—For further details, see Article 120 of the Egyptian Civil Commercial Evidence Law No. 25 of 1968 Amended and Article 148 of the Yemeni Law of Evidence No. 21 of 1992 Amended.
20. Article 120 of the Egyptian Evidence Law; Article 124 of the Syrian Evidence Law No. 395 of 1047 Amended; and Article 252 of the Civil Procedure Law (Law No. 202 of 1979); Article 349 of the Moroccan Civil Code No. 75-85 of 1975; Amending Article 62 of the Federal Law of Evidence of the United Arab Emirates Law No. 10 of 1992 Amended; Of 1952 as amended.
21. Consideration: The Egyptian Civil Law Preparation Group, Ahmed Mekhemar Press, Egypt, unpublished, c3, p. 466.
22. Consider: Abdul Razzaq Al-Sanhoury, Al-Waseet in Explaining the New Civil Law, Evidence and Implications of Commitment, Dar al-Nahda al-Arabiya, Cairo, 1968, c2, p. 596.
23. For more detail, see Articles 1780 and 1782 of the Journal of Judicial Judgments, which can also be seen at: Salim Rostam Paz, Explanation of the Journal, Revival of Arab Heritage, Beirut, without a year printed, p. 1076; Al-Ahkam Magazine, The Arabization of Lawyer Fahmi Al-Husseini, 1, Dar Al-Kuttab AlAlami, Beirut, 2010, 4, p. 511-513.
24. Article 122 of the Egyptian Evidence Law; Article 253 of the Lebanese Code of Evidence; Article 122 of the Syrian Evidence Act; Article 350 of the Algerian Civil Code; Article 1369 of the Code of Evidence; The French Civil Act of 1804 amended.
25. For further elaboration, see: Awan Abdullah Al-Faidi, The Principle of Legal Evidence Comparative
Study in Civil Evidence, Dar al-Kitab al-Din, Dar Shatat Publishing and Software, Egypt, UAE, 2012, p.21.
26. The decision of the Court of Cassation of the Kurdistan Region of Iraq No. 64/right/complementary/2001 on January 25, 2001 (unpublished decision).
27. Article 1746 of the Ottoman Judiciary Judgments, which states: "It shall not be sworn to except at the request of the adversary, but it shall be sworn by the Governor in four places without the first request: if one of the estate claims a right and proves it in his ruling, this right is in itself and not by any other person who dies in the face or in his father's body, nor is he referred to any other person, nor is he satisfied with anyone else, nor is he permitted to die in exchange for this right. He is also subject to this right of memorization." See also article 124 of the Iraqi Evidence Law; That this article / 124 of the Iraqi Law of Evidence has been amended by the fourth amendment No. 36 of 2000, established "The court shall swear by itself in the following cases: First, if a person in the estate claims a right and is proved by the court's right to invoke the right of invocation as not, This right shall be fulfilled by himself or by any other person who dies in the face of his father or his brother, and shall not be referred to another person, and his religion shall not be fulfilled by others, and the deceased shall not be entitled to this right. "This is identical to article 123 / A of the Syrian Evidence Law. Article 54 of the Jordanian Evidence Law stipulates that "the person who was sworn in shall not swear by the request of his opponent, and after the decision of the court, " Article 107 of the Saudi Shari'a Procedure Law No. 21 of 1421H stipulates that "the judge may direct the right of memorization and the like to one of the two adversaries when necessary, even if it is not permissible to do so. " And no similar provision was made in other comparative laws.
28. Article 283 of the Lebanese Code of Procedure; Article 122 of the Syrian Evidence Act; Article 350 of the Algerian Civil Code; and Article 1369 of the French Civil Code.
29. Consider: Abdul Razzaq al-Sanhuri, op. cit., C. 2, p. 595.
30. Consider: Ahmed Abu Al-Wafa, Evidence in Civil and Commercial Law, University House for Printing and Publishing, Beirut, 1985, p. 238.
31. The decision of the Court of Appeal of Baghdad in its discriminatory capacity No. 124/Human Rights/78 on 21/1/1978, Journal of Justice Judgments, Iraqi Ministry of Justice, p. 1, p. 9, 1978, p.
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