العوامل المؤثرة في حكم القاضي

Abstract EN

The judge is the central person in the case, since the role of the litigants is limited to making claims and defense in the face of each other, and as required.

while the judge has the powers to proceed with the case and the judgment.

thus, the elements of the personality of the judge, namely competence, knowledge, impartiality, certainty and appreciation, have an impact on all the judge's decisions.

therefore, the activity of the judge and the activity is determined in his work, since the activity is based on verification of the physical existence of the alleged facts and determine the product thereof, and then search for the legal adaptation of the facts that the judge to prove.

and to draw the judge to the solution based on this adaptation, which entails the declaration of resolution of the dispute.

through the tendency to believe, when the probabilities of the facts are fixed and non-existent.

assuming the most likely assumption if the probabilities are overcome and the certainty becomes more evident when the evidence of negation prevails.

this shall be after assessing the jurisdiction of the judge in relation to the matter before him.

and his understanding of the facts before him.

in preparation for deciding the solution to what was presented to him.