Right Of Merit In Civil Evidence - Comparative Study

  • Awan Abdullah Mhmood Alfaidhi


It goes without saying that the Right of Merit is a special right that is of great importance as it is a remedy that limits the disadvantages of the system of re- stricting the evidence, which can not be dispensed with for justice and stability of transactions, it is necessary that this right to give an opportunity to those who were safe from the Kid’s opponent, The person who claims the right to a certain property, such as claiming ownership of things that are reserved, for example, must first prove ownership of the money. If the plaintiff proves his entitlement to these reserved objects, he should The Court’s amendment of the Meeting itself and with- out the need to request from his opponent to the right of the Astthbat he did not sell this money and did not give him to one and did not get it out of his property in any way possible faces. The right does not arrive at the court unless it is fully proven to the full benefit of the money by means of legal evidence. This right is obligatory because it obligates the court to direct it despite the complete evidence before it, because the plaintiff has in fact proved his case and the court has no dis- cretion in directing it or not. It is necessary to direct it on its own because the law is this evidence is incomplete in the case originally, and must be strengthened by a complementary right is right of merit that the plaintiff did not sell this money and did not give it to anyone and did not get out of his property.

Biografía del autor/a

Awan Abdullah Mhmood Alfaidhi
Doctor Assistant Professor University Of Mosul -College Of Law


- Mohammed bin Abi Bakr bin Abdul Qader Hanafi al-Razi (666 AH), Mukhtar al-Sahah, investigation: Yusuf Sheikh Mohammed, I 5, Modern Library, Model House, Beirut, 1420 e / 1999, c 1, p.

- Surah Al-Hakka / verse 44-45.

- 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.

- Ismail bin Katheer Damascene (v: 774 e), the interpretation of the Koran great, commented on and out of his conversations Hani Hajaj, re- viewed the conversations on the books of Nasser al-Din al-Albani, Dar al-Tawfiqya for printing, Cairo, 2008, c 8, p.

- Dr. Ahmed Mokhtar Abdul Hamid Omar (T: 1424 e) with the help of a working group, Dictionary of contemporary Arabic language, I 1, the world of books, 1429/2008, c. 1, p. 531.

- Al - Maida / 107.

- Dr. Ahmed Mokhtar Abdel Hamid Omar, previous reference, c 1, p. 530. 8- Muhammad Rawas Qalaji and Hamed Sadiq Quneibi, Dictionary of the Language of the Jurists, II, Dar Al-Nafais for Printing, Publishing and Distribution, 1408 AH / 1988, p.

- Complex of the Arabic language in Cairo, (Ibrahim Mustafa / Ahmed Zayat / Hamed Abdelkader / Mohammed Najjar), the dictionary of the me- diator, Dar Dawa, J2, p 188 (Bab al-H); Saadi Abu Jib, Damascus, 1408 AH / 1988, p. 93 (letter Alkaf).

- Dr. Ahmed Mokhtar Omar with the help of a working group, the dic- tionary of linguistic correctness, the guide of the Arab intellectual, 1, the world of books, Cairo, 1429 AH / 2008, c 2, p. 693 (4593 - due).

- Mohammed Rawas Qalaji and Hamed Sadiq Quneibi, op. Cit., P. 427 (Al-Maim).

In this regard, it is worth mentioning that article 1747 of the Code of Judicial Judgments stipulates that “if the defendant commits the request of the opponent before the Governor assigns it, he shall not be considered his right and he shall be sworn in by the Governor again,” meaning that “ The ruler, as well as if the governor’s alliance without the request of the opponent is not considered his right and swear repeatedly at the request of the opponent, except in the places excluded in the previous article and explained in Hindi and the intruding takes place in the right actions with- out corrupt ... “For more detail, see: Salim Rustom Paz, Arab heritage, Beirut, without a year printed, p. 1021; Ali Haider, Dharr referees explain the magazine “See also: Selim Rostam Baz, op. Cit., Pp. 1021-1028; and Ali Haider, Reference, p. Ibid., P.

Consider: Article 124.2 of the Iraqi Evidence Law No. 107 of 1979, as amended by Law No. 46 of 2000, published in the Iraqi Gazette, issued by the Iraqi Ministry of Justice, p / 3837 on 31/7/2000, p. 450.

Ali Haider, op. Cit., P. 454.

- Ibn Abidin, a footnote to the response of the chosen Ali Durr Mukhtar Explanation enlightenment of the jurisprudence Abu Hanifa, Dar Al-Fikr for printing and publishing, Beirut, 1421 AH / 2000, C 7, p. 399 (book lawsuit).

- Mohiuddin Yahya bin Sharaf al-Nawawi, kindergarten students and the mayor of Muftin, II,, Islamic Bureau, Beirut, 1405 H, 11 p.

- Ahmad ibn Ali ibn Hajar Abu al-Fadl al-Askalani Al-Masri al-Sha- fei, Fath al-Bari Sharh Saheeh al-Bukhari, Muhieddin al-Khatib, Dar al-Maarefah, Beirut, without a year printed, c 11, p. 516.

Article (83) of the Jordanian Civil Code in force No. 43 of 1976 Amend- ed; UAE Civil Law No. 5 of the amended Law No. 395 of 1047; Of 1985 amended.



- Decision of the Iraqi Court of Cassation No. 1569 / Human Rights / 63, published in the District Court of the Recognition of Iraq, Volume 1,

, p.

- The decision of the Jordanian Court of Cassation No. 377/72, 1972, p. 1601, citing: Proficiency of judges, evidence in civil and commercial law in accordance with Federal Law No. 10 of 1992 for the United Arab Emirates, Dubai, without a year of publication, p. 391.

/ of the Jordanian Evidence Law No. 25 of 1968;

And Article 252 of the Lebanese Civil Procedure Law No. 90 of 1983, as amended; Article 349 of the Algerian Civil Code in force, No. 75-85 of 1975, as amended; and Article 62 of the Federal Law of Evidence of the United Arab Emirates Law No. 10 of 1992 the average.

It should be noted that what we have mentioned in our humble estimate is the fundamental and fundamental difference that distinguishes the right- wing from the critical right - the case ends with the plaintiff’s right to the defendant if he can not prove his right - . God, Antioch, Principles of Trials in Civil and Commercial Materials, I 5, Damascus Press, 1962, p. 625. 24- Dr. Awan Abdullah Al-Faydi, The Principle of Legal Evidence Com- parative Study in Civil Evidence, Legal Books House, Egypt, UAE, 2012, pp. 21 et seq.

Article 1746: First and secondly, the Code of Judicial Judgments, which states: “It shall not be sworn to except at the request of the opponent, 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 the right of himself and no other than the dead face and no father and no referral to others and full of one side and not the dead in exchange for this right is pledged and said to this right of memorization ... II: If one of the money deserved and proved his claim to his ruling that he did not sell this money and did not give him To one and did not get rid of his property in a face ... “.

- It should be noted that the summary of the story of the command- ment in travel was reported by Ibn Abbas said: “A man from the sons of a share with Tamim al-Dari and Uday bin Dara died in the arrow with a land not a Muslim, when he left with his left lost a silver bar gold gold, The two witnesses said that there was a Jam, then the Prophet of Allah found them. Then he found the Jam in Makkah, and the buyer mentioned that he bought it from the guardians of Tamim and Uday. So two of the Sadiq’s two brothers stood up to our testimony, Abi Dawood Sulaiman Al - Ashath Al - Sijistani Azadi, Sunan Abi Dawad, I Sons, Egypt, 1952 C 2, p. 276 “door certificate dhimmis in the commandment to travel.”

- Surat Al-Maida / verse 107.

- Abu Abdullah Muhammad Al-Ansari Al-Qurtubi, Explanation of the Qurtubi, the Collective of the Provisions of the Qur’an, Without a Year Printed in 3 rd, p. 2355;

- Seen: Ibn Qayyim al-Jawziyya, Fatwa of the Messenger of Allah, , Qasim al-Shama’i al-Rifai, Al-Nahda Library, Baghdad, 1988, p. 142.

- Malik bin Anas bin Malik bin Amer al-Asbahi civil (T: 179 e), the mute of Imam Malik, investigation: Bashar Awad and Mahmoud Khalil, Foundation letter, 1412 e, c 2, p. 266 (door inheritance in al-Qusama).

Jamil Fakhri Jannem, Judicial Right, Dar Al-Hamed, Amman, 2008, p. 218.

- Abu Abdullah Muhammad ibn Abd al-Rahman al-Trabelsi al-Mugh- rabi, known as Hattab al-Ra’ayy al-Maliki (d: 954 e), the talents of the Galilee to explain the acronym of Hebron, investigation: Zakaria Omirat, Dar al-Alam al-Kitab, 1423 AH 2003.

- Mohammed bin Abdullah al - Kharashi al - Maliki (T: 1101 e), an ex- planation of the Khalil Khalil Khalil, Dar al - Fikr printing, Beirut, without a year printed, C 4, p. 199.

- The decision of the Iraqi Federal Court of Cassation No. 889 / Right of Merit / 2008 in 1/4/2008 (unpublished decision).