A proven principle in writing and the role of the civil judge in completing his thesis (comparative analytical study)

Abstract

A proof the civilian suit  is regarded as a pivot of the  case ,  which is connected with the community since penetrating ages in mankind life . The right which can not be proved is not existing and  is an non-existence,Therefore the modern legislations intended  to  set up a special legislation of proof and later on showing the evidences and organization them .Since the existence of right is relaying on the proof which maintaining the right , facilitating  the  owner’s right  to prove the person's  right that claiming it.
  Although this evidences are not in the same degrees , there is some evidences which is sufficient for prove the right and there is no need for providing more reinforcement or support by other evidences and without the judge's intervention ,because  it contains power of credibility and the source of rising.
If individuals became afraid of their acquired rights to face removal ,they attend to support maintaining it by preparing previous evidence for proving their right .
But in some times they can not prepare previous evidence or present the proof within a proper time duration for whatever reason .
     Which prevent the availability of complete evidence , thus the evidence will become incomplete evidence, hence the role of judge become prominent to complete such incomplete proof by using positive power in direction of the case and protecting the case parties in such situations in order to be under the mercy of their rivals , without violation of neutrality principle of the court case .
Because it is not justice and fairness for the judge to neglect the obvious right and losing it for the reason of incomplete evidence .
      Although the judges, consent about the truthfulness of the right but there is not entire consent to depend on it in his sentence , then it needs another proof to fulfill such content.Therefore the importance of the subject rises and become significant factor and supporting necessary element for civil prove regulation , since it has a wide framwork and its severity .
     This will be possible to avoid clear depression condition and the judge has a positive role and prominent personal movement in doing his best to sentence fairly and his obligation  is to seek for reality to complete his content in evidences to realize the actual reality .
 we titled our research as (incomplete evidences and the role of civil judge in completion its legal admissibility).We selected  this subject for the the importance of it , because it is an important subject in judgment prove , since it is the objective of fairness and judgment.
         For taking the most important aspect of this subject , we divided our research into two sections , in order to be suitable and balanced with the title of the research .The first section deals with some samples of incomplete evidences , in order to be aware with types of incompleted evidences ,the terms /conditions and the elements .The second section is dealing with the manner of proving the in ompleted evidences and the civil judge's role in completing such incompleteness , then the end  of the study includes the most important conclusions realized by the researcher,then  presented the suggestions .We hope that the Iraqi legislator will take it in to consideration .