The Authority of the Judge in Proof with the Conclusive Oath

Anees M. Al-Mansoor

Abstract


It is well-known that the judge does not have the power in resorting to the conclusive oath since this right is for the litigants, but this does not mean the judge does not have any authority in this aspect. The judge has the authority to forbid the litigants from addressing the conclusive oath if one of its conditions set by the law is not fulfilled, or if one of the litigants acted arbitrarily in addressing it. It is worth mentioning that the Jordanian legislator had given the judge the right to explain to the litigant that he can practice his right in addressing the conclusive oath if he was not able to prove his claim. On the other hand, the judge does not have any authority regarding the final verdict based on the result of the conclusive oath.


Keywords


The Conclusive Oath, The Authority of the Judge, The Proof.

Full Text:

PDF

Refbacks

  • There are currently no refbacks.