جدلية تحمل الدعوى بين المدعي و المدعى عليه : في الفقه الإسلامي و القانون المدني الجزائري

Abstract EN

Determining who bears the lawsuit leads us to know the disputed details and facts.

Therefore, the judge has to know and distinguish between the plaintiff, who must prove the incident in his favor by providing convincing evidence that could not be nullified, and the one proven guilty who is the defendant.

The verdict depends, in practice, on the ability of the person bearing the burden of proof; he provides evidence of what he claims, compared to the position of the defendant, who can only take a negative stance on the dispute.

Accordingly, the plaintiff is the one who claims an order contradicts the evident one, and the defendant agrees with his apparent statement.

The evident, therefore, depends on the origin which is the clearance, or it is known as the more general, or it is known as the custom.