A legal analysis of the discretionary power of the court in the evidence of a civil case according to the pleadings laws Iranian and Iraqi civil

Abstract

Civil lawsuits constitute an important part full of angles whose procedures differed from one state to another, such as the two laws of the court’s discretionary authority in the evidence of the civil lawsuit according to the civil procedures laws in the states of Iran and Iraq, Discretionary authority is a kind of freedom that seeks to estimate the seriousness of some real cases that occur, to choose the time of its intervention, and to estimate the most appropriate means to confront this situation, but it is always surrounded by the idea of the public interest, so the means of proof and its systems in it varied: such as the system of free evidence whose means were recognition, and the establishment of legal records. The testimony of witnesses, experience, the presence of written evidence, There is a restricted system of evidence, in which the legislator determines when establishing the law the evidence that is suitable for building a judgment on it, or it may require specific evidence in itself to prove the crime, and attributing it to the perpetrator, so that the judge may not rely on others, The system of evidence may be mixed, so the court has discretionary authority within the limits of the law drawn in moderation, and there is no absolute discretion according to the Iranian and Iraqi civil procedures laws.