The principle of freedom of proof and its scope in commercial disputes (A comparative study )

Khadr, Muthanna Khalaf; Al-Sarraf, Taima Mahmoud Fawzi

doi:10.37651/aujlps.2024.147167.1196

	The principle of freedom of proof and its scope in commercial disputes (A comparative study )
Journal of Anbar University for Law and Political Sciences
Article 31, Volume 14, Issue: 2 part 2, December 2024, Pages 830-854 PDF (751.35 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2024.147167.1196
Authors
Muthanna Khalaf Khadr^* ; Taima Mahmoud Fawzi Al-Sarraf
University of Mosul/College of Law
Abstract
The purpose of starting to prove freedom of trade in disputes is to prove the reasons by all means of proof without restriction until the approval is exceeded to take approval for civil commercial dealings, except what is excluded by a special text of this and other things, and we find many justifications for this, including supporting trustworthiness and speed that are based in In this case, the requirements for dealing with this vary between being commercial merchants or the subject of proof being an act carried out by the merchant during his commercial practice, whether the second party is a merchant or not. The problem of the study lies in the fact that the Iraqi legislator does not take into account the principle of freedom of proof in the current law, as it does not differentiate in proof between civil and commercial matters, based on the principle of simplification of the problem and equality between the contracting parties, and that the quorum of testimony stipulated in the current law of evidence is of a small nature that is not consistent with the revolution that it is witnessing. The country is in the field of commercial and industrial openness, despite the issuance of the first amendment to Evidence Law No. 46 of 2000.
Keywords
the principle of freedom of proof; the Iraqi legislator; disputes; the Egyptian legislator; Article

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