أثر كذب، الإقرار واليمين الحاسمة على الطعن بإعادة المحاكمة " دراسة مقارنة"
Date
2021-06-01
Authors
محمد محمود عبد الرحمن النجاجره
Mohammed M. A. ALnajajra
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Publisher
Al-Quds University
Abstract
This study revolves around the subject entitled : “The impact of false affidavit and decisive oath on the appeal for a retrial”. False, fictitious, and fraudulent affidavit raises great concern over the subject of adeversarial system. This study may attrats both legal professionals and law researchers, as well as, play a significant role in developing litigation system in Plaestine.
The main research question focuses in the possibility of considering the false affidavit and the decisive oath among the cases that can be used to submit an appeal for a retrial. Morevoer, the study aimed at answering the question of whether the false affidavit and the decisive oath should be considered a fraudulent action by which someone can resort to appeal for a retrial since fraud is one of these cases?
In order to answer the abovementioned question, this study adopts a comparative analytical approach in order to analyze the definition of false affidavit and false decisive oath according to the Palestinain Legislations. This approach serves to undersand the relationship of this fraud to the testimony of witnesses if it is false. ?
In this context, the dissertation covers the subject of civil governance and methods of appealing against it in the preliminary section. The first chapter deals with the testimony of witnesses and its relationship to the affidavit and the decisive oath in two sections, the witnesses’ testimony (fist section), the relationship between affidavit and decisive oath on one hand and the testimony system on the other (the second section. The second chapter in this study discusses the false affidavit and the decisive oath and their relationship with fraud and divided it into two topics. While the first topic defines fraud and its impact on the retrial, the second section discusses the extent of which false affidavit and decisive oath can be considered as fraud.
The study emphasizes reached many results, perhaps the most important of which is that the means of proof are represented in two systems: The writing system and the witness testimony system where the legislative text obliges the need for proof in writing by compulsory or allows proof by all methods of proof other than writing and
referred to as the testimony of witnesses, and this evidence is oral most of the time because the court hears it from the mouth of people. In addition, one of the most important results is that the law obligates the affiant with his affidavit unless it is ruled that it is false by a decision since the decision of denial indicates the inaccuracy of the affidavit. On the other hand, the false decisive oath can be a case of appeal for a retrial because it is just that the rights are returned to their owners and not compensated for them even if the judgment is final and not subject to appeal by non-exceptional methods.
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Citation
النجاجره، محمد محمود. (2021). أثر كذب، الإقرار واليمين الحاسمة على الطعن بإعادة المحاكمة " دراسة
مقارنة" [رسالة ماجستير منشورة، جامعة القدس، فلسطين]. المستودع الرقمي لجامعة القدس. https://arab-
scholars.com/437c07