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COURT POWER TO BIND LITIGANTS TO SUBMIT A WRITTEN DOCUMENT CONDEMNING THEM ARTICLE 58 OF THE IRAQI EVIDENCE LAW NO. 107 OF 1979 | ||
| Journal of college of Law for Legal and Political Sciences | ||
| Article 7, Volume 10, Issue 37 part 2, 2021, Pages 177-203 PDF (742.73 K) | ||
| Authors | ||
| Shahla Muhammad Aziz; Amera Jaafar Shareef | ||
| Abstract | ||
| The Proof Law regulates the provisions that are considered one of the most accurate legal issues in all modern legislation, as these provisions occupy great importance in the world of law and the judiciary as one of the most important topics affecting the community movement. In order to make it easier for the right owner to recognize what supports his right, including the evidence and the methods for presenting it to the judiciaryThe evidence is the basis of his life, even the truth of saying that the truth is devoid of its evidence becomes when a dispute is about it and nothing is equal, in spite of that, the court's authority to compel litigants to present a written document condemning him is not absolute but restricted, as there are certain cases that a judge may bind a person by submitting a written document under his hand, if it is not permissible to expand it, and in all these previous cases it is required that the document that the opponent requests to oblige his opponent to present it as a product in the lawsuit. Proof laws must be keen to facilitate proof procedures, and to achieve more positivity and effectiveness of the judge by providing him with more freedom of movement at this important stage of the lawsuit in order not to leave the truth revealed subject to the dueling of the litigants alone, and to ensure the stability of rights and close the door of trick in front of requestors of machination or buffs of procrastination, especially in the current reality in which technology and the internet are prevalent, and the ease of manipulating and misleading evidence, at a time when the evidence is focused on the existence of a legal fact, and it is necessary that the legal incident on which the proof is based should be the basis for the right claimed, so that it would, if proven, to lead to the judge's conviction regarding this right. Where allegations and interests clash, the importance of proof emerges, so if the right holder is able to prove it, he will have it, otherwise the advantage of this right will be lost on him. It has been said that the right, which is abstracted from its evidence when disputing it, in practice, is and nothingness whether because of impossibility to impose its respect on anyone who denies it or disputes about it. Evidence is the lifeblood of truth and the stronghold of benefit in it. | ||
| Keywords | ||
| court; authority; litigants; editor | ||
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