المعيار الأمثل للمانع الأدبي في الإثبات المدني : دراسة مقارنة

Abstract EN

The moral impediment is a psychological state that Surrounds the contractor, as it prevents him from taking on ordinary or official document, and that this psychological state is difficult to assess, as the Surrounding circumstances must be searched for in the same contractor must be Searched an extent that it was morally impossible for him to take written evidence from those who contracted with him, there for, two criteria appeared to determine the moral impediment the first is objective and depends on determining the degree of kinship, and the second is psychological subjective, which the court must memorize through the circumstances Surrounding the contracting parties.

The researcher here is trying to find another criterion based on two foundations, the first of which is to determine the degree of kinship with the amount determined, and the second it to determine the nature of Legal behavior, in other words, the combination of these two foundations constitutes an accurate criterion for moral impediment.

This is an exception to the rule of written evidence, and to achieve it, evidence by testimony is resorted to in cases where the law, requires evidence in writing.