المفهوم القانوني للمانع الادبي في الإثبات المدني

Abstract EN

The study came to demonstrate the adequacy of the legal rules for organizing the topic of moral impediment to proof in written evidence within the scope of civil lawsuits in Iraqi law and the laws in question, in an attempt to address the legislative deficiency in the legal text on the subject of the research in line with the circumstances and changes that accompany society.

By taking note of moste aspects of the research and shedding light on the legal concept of moral impediment in civil evidence, which is one of the most famous cases in practical reality that prevent obtaining written evidence and permit the transition from written evidence to other means of proof.

And since the moral impediment is an exception in an area in which it is permissible to move from the original rule, which is the obligation to prove in writing to the evidence, with what is below it, is so dangerous that it is not permissible to expand it and it requires clarification so that the judge in the matter of cases that have not been exclusively can be guided to what should be it has this exception.