دور القاضي المدني في الإثبات باليمين الحاسمة

Abstract

The study aimed to identify the role of the civil judge in proving the decisive oath, and the study showed the importance of the role of the civil judge in proving the decisive oath, the judge has the right to prevent directing the decisive oath if one of the conditions required by law fails, or if the opponent is arbitrary in directing it, but that the law has given the right to the judge to understand the opponent that he has the right to direct the oath if it turns out that he is unable to prove In the event that the oath is directed by the plaintiff, it is considered that it has been waived from all other methods of proof, and the judge has the right to amend the wording of the oath that the opponent requests to be directed to his opponent and to present the amended version to the right instructor before directing it to the other opponent and once the decisive oath is directed, it resulted in resolving all or part of the dispute.