ضوابط الإلزام بتقديم المحررات أمام القضاء المدني : دراسة تحليلية مقارنة في القانونين الإماراتي و الفرنسي

الملخص EN

It is well known that civil litigation arises by the will of its litigants, who, whether plaintiff or defendant, shall prove their claims, and usually the litigant presents his evidence, including papers and documents, voluntarily at his choice.

However, the paper or document may be with someone other than the one adhering thereto.

Hence, it is necessary to oblige whoever possesses the paper or document to present it, whether being the other litigant or a third party.

UAE and French legislators have codified the general provisions of submission obligation, with some differences between both laws in some points.

The research aimed to clarify some of the difficulties related to the extent of compliance whether the obligation is decided by the court at the request of the litigants, or by the court itself.

It also sought to define the limits of the court’s authority in the last case and indicate the local judge’s power to oblige a foreign person outside the country to submit papers and documents.

Moreover, the study sought to address the impediments to submitting papers and documents, the form and place of the obligation, the competent court, as well as the nature of the order related to submission obligation.

It equally aimed to draw on the extent of its authenticity, content, guarantees of its implementation, its effect, methods of appeal thereon, and the sanction of non-submission of documents.

Finally, the study concluded with some results and recommend that the UAE legislator should stipulate in the Law of Evidence that the submission order shall be enforceable and expedited, accompanied by a financial sanction in case of refusal to implement it by the party obliged therewith.