الخبرة في نظام الإثبات في المملكة العربية السعودية : دراسة تأصيلية مقارنة بما عليه العمل في نظام المرافعات الشرعية

الملخص EN

The justice law in Kingdom of Saudi Arabia is witnessing development in all legislative and procedural fields.

This is confirmed by the issuance of the legal evidence Law, which was included in the legal pleadings Law and the commercial court law.

It is independent of a new law that shows differences that demonstrates the Saudi regulator- keeping pace with the developments of the time while preserving the spirit of Sharia, and this research is the core in showing some of the advantages of the new legal evidence law.

Experience is one of the means used in the legal evidence law, and its distinction in the new law has been shown by many differences that this research demonstrates.

It aims to show the Saudi judicial development and to show the differences in experience between the law of legal pleadings and the law of evidence, in which the comparative analytical inductive approach was taken.

It concluded with several results, including: the emergence of the judicial development in Saudi laws and keeping pace with the development in many cases, and reached many differences in experience between the pleadings and evidence law, including that if the opponent does not deposit the amount determined for expertise, the court decides to stop the case, or forfeit his right to The decision to delegate, as well as setting a period of five days for warning the expert after it was only three days, Likewise, if the court does not take into account the expert’s report due to his negligence or error, it orders the return of all or some of what he received, as the case may be, and sets the deadline for returning papers from the expert to ten days.

It decides to request the expert’s opinion in writing, and the court determines the date of the session and the method for presenting the opinion, and if the court decides to seek the expert’s opinion in a similar case, it has the right to do so.

It was recommended to carry out a number of research projects and fundamental studies of the Evidence Law, assign a number of specialists to show the bright side of these laws, and for universities to adopt draft laws that were not issued.