OFFICIAL AND ORDINARY BONDS AND THEIR AUTHENTICITY
AN ANALYTICAL STUDY IN THE LIGHT OF THE EVIDENCE LAW AND THE IRAQI PLEADINGS LAW
Abstract
Abstract: The study seeks the importance of official bonds traded by courts, lawyers, and citizens in the corridors of the courts, as they are official documents issued by effective government agencies. As well as the ordinary or customary documents issued by the various authorities and their importance in completing cases before the courts without ambiguity and ambiguity and challenging them for forgery. The study aims to show that these documents have their formality and remove vagueness and ambiguity, prove that their contents are sound, and address their weaknesses and defects. And to indicate the best solutions according to modern methods of proof. The study stood on a problem, the problem of questioning and appealing forgery in the originality of the official document, the issues of delaying lawsuits before the courts, procrastination by the two parties to the case, and the errors that accompany it when writing the summons paper as an official judicial paper issued by a competent court, and what is required to attend without delay and postponement of the case, and among the most important of these problems Doubting the authenticity of documents, and errors that accompany official documents, and the civil lawsuit may permeate some of the maliciousness and prejudice against the opponent through appealing the documents, to leave the case and mislead the judiciary by methods (evasion, tampering, procrastination and compromise) and any lawyer can extend the consideration of any lawsuit to whatever he wants God, therefore, the courts require that the skeptic submit a surety bond and refer the case papers to the investigation court to prove this or not, and if the court concludes that the document is valid, it includes the fine against him by executive means and without prejudice to the right of the aggrieved to seek compensation. The descriptive-analytical approach was used for the articles of the Evidence and Pleadings Law to analyze its contents to identify weaknesses and treat them. The study concluded that electronic proof has become necessary in civilization today's world and that its emergence led to the shaking of traditional written evidence and many areas in life that modern concept. She emphasized that electronic proof of court documents is the best alternative to accepting electronic evidence and proving the documents presented before the courts as written evidence and with reliability. They may be devoid of errors, and the best way to prove that bonds and court papers are official documents issued by a competent employee under the law.
