"The principle of good faith in civil evidence in Iraqi law"

Abstract

Abstract: This study explores the principle of good faith as a fundamental legal standard that should govern the conduct of parties in the context of civil evidence. The research highlights the legislative gap in the Iraqi Evidence Law No. 107 of 1979, which does not explicitly address this principle, despite its essential role in guiding procedural fairness and preventing abuse of evidentiary rights. Adopting an analytical and comparative methodology, the study examines jurisprudence and doctrine in Iraq, Egypt, and France. It concludes that good faith has direct procedural effects, such as shifting the burden of proof, excluding evidence submitted in bad faith, and prioritizing one piece of evidence over another in case of conflict. The researcher recommends the inclusion of explicit provisions in Iraqi evidence law to institutionalize this principle as a tool for achieving procedural justice.