Legal effect to the principle of constancy typing in determining the legitimacy of legal actions in the Iraqi law (comparative study)

Abstract

The most precisely legal issue in all of modern act the act of proving, which is meaning the ways by it the owner proved his right, if he compel to the judge to receive his right from the party. The prove by the writing method have a high important in positive acts because of the legislator is to look at the origin and the base in prove, his proof is that hearsay evidence is a subject of week memory and imprecisely, always it's a target of favoritism, revenge and hush money. There is no adopt that writing evidence considered nowadays one of the most important evidence, this is showing by the act on it in all proving legation , and we did not find in any of the judgment of jurisprudent and judge judgment an opposite thought. The important of writing prove is that it can making it in the begging and because of that we can made the stability of the legal act. This way always an important method in the proving the suit m it may considered an legal evidence equal with the write evidence form the power that have in proving .