الطرق القضائية في الاستدلال على حسن النية في القانون المدني: دراسة مقارنة

الملخص EN

The issue of proving good faith raises requires more effort if compared to the traditional proof process that relies on physical evidence represented in its traditional form, such as the written proof, testimony and oath ...

, while proving good faith is not limited to that, so proof passes through two stages: the first relates to any type of evidence the clues, albeit close to probability, and the second stage requires searching for the same evidence if it is sufficient for proof or not.

because this matter resides in the soul, where the judge must make more effort to extract goodwill and distinguish it from other various intentions, and that is by studying the circumstances of each case from the personal and objective aspects and the extent of the judge’s competence in interpreting the law and the facts and judicial oversight over them.

we divided the study in this topic into two demands that we show in the first requirement proof of good faith in litigation that can be clarified through two branches: the first is the existence of a legitimate interest, and the second branch is not to abuse the right to litigation.

the first two branches are the trial court and its role in extracting goodwill through the facts, while in the second section we explain the oversight of the higher courts over the trial court.