سلطة القاضي المدني في تقدير أدلة الإثبات

Abstract

AstractAs related to the judge's discretional power and the extent of the role which he plays in the management of the process of confirmation, the Iraqi legislator has adopted the principle of mixed or blended evidence. On the one hand, he confines the role of the judge by specifying the evidential proofs exclusively, as well as specifying the role of each proof in affirming certain events, which means that the judge cannot pass judgment relying on his own personal knowledge. On the other hand, he gives the judge an opportunity to estimate the value of the proofs and direct the process of confirmation in a certain way to reach the required fact. The judge has a positive role in completing the litigant's proofs; he can ask for new proofs, decide to delegate experts, or move to inspection. After all, the judge has the power of examining the submitted proofs, evaluating them, and giving preponderance to some of them over the others.