مدى سلطة القاضي في الإثبات بالشهادة بين الإطلاق و التقييد : دراسة في القانون الأردني و المقارن

الملخص EN

There is no doubt that evidence by testimony came as a sign that legislator wants to give judges full power to weigh the evidence, unlike the situation in other kind of evidences where the judge is restricted upon a kind of evidence.

this article shows that even the law has given wide authority to the judge upon testimony; the extent of this authority differs from legislation to another in different countries according to the adopted principle of evidence.

accordingly, this article has been divided into three sections; the first examines the judge's authority upon evidence by testimony, while the second examine the judge's power to govern the case by testimony without demand from litigants.

the third one evaluates such authority in the Jordanian law and other comparative laws such as Arab and foreign laws.