حجية البصمة الوراثية في الإثبات المدني : دراسة مقارنة

Abstract EN

The internal legislation of some countries, whether Arab or foreign, went on to regard genetic fingerprints and their descent in proving descent as equal to the certificate and recognition, such as the Tunisian and French legislation, which made it a way to prove descent, because of its high credibility.

The situation in terms of sentence as well as the judiciary with what the modern jurists went to say that it is permissible to realize the authority of the DNA in the field of proving the descent in the conflict, and to break the doctrine of the majority of jurists from the Maalikis, Shaafa'is, Hanbalis and Dhahriya Alkievh to the light of the conflict on the descent, or when evidence is equal to or oppose the evidence in it.

The current trend in the legislation of the situation, which tends to take the scientific evidence, especially the genetic fingerprint in the field of proof of descent or exile, and even a set of such legislation already regulate the legitimacy and approved by special texts such as French, German, English, Belgian, Canadian and Tunisian, as well as some international conventions, and some The provisions of the judiciary, whether Arab or foreign, while some Arab legislation in general contains general provisions that can fall under the genetic fingerprints.

The study aims to remove the problems and answer questions, which originate from a set of hypotheses, the most important of which is what is meant by the genetic value of the DNA, whether in international conventions or in domestic legislation or in judicial decisions.

What is its status among other proofs, Is this evidence binding on the judiciary? .

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relying on the analytical approach deductive, comparative approach.

© 2019 TUJR, College of Right, Tikrit University