الخبرة القضائية في الدعاوى المدنية

الملخص EN

The appointment of an expert in the case is merely a means of proof to verify a particular situation whose disclosure requires purely technical data or information.The civil judge makes use of it either on his own initiative, or at the request of one of the parties to the dispute, or by mutual agreement, with the assistance of a competent person in a field related to the object of the case or its parts, called expert.

Since the expert opinion is left to the discretion of the judge who examines the subject of the dispute, he or she chooses, if he so decides, the expert or experts on the list of experts registered with the judicial councils, under which he or she may appoint experts who are not on the list but are sworn in during the procedure.

The Algerian legislator has specified the terms of application for the appointment of a judicial expert, the type of judgment to be rendered and its mode of execution in the code of civil and administrative procedure.The expert also has the right to refuse or disqualify the task entrusted to him for particular reasons.

Judicial expertise may fall before or after the completion of its completion if it is contrary to the prescribed legal procedures.

In this article, we have highlighted the judicial experience of civil proceedings by raising the following problem: How is the use of forensic experts? What are the procedures used to complete the forensic expertise? To address the problem raised in this article, which we have divided into two sections.

First, we dealt whit mechanisms for appointing judicial experts.

The second is devoted to the stages of preparation of the judicial expertise.