مبدأ حياد القاضي المدني على ضوء أحكام قانون الإجراءات المدنية والإدارية الجزائري

Abstract EN

The impartiality of the judge is an essential element to ensure the independence of courts, achieve the justice between the litigants, and consecrate the trust in legal proceedings.

the concept and effects of the principle of the impartiality are determined on the basis of the type of system of proof applicable in the country.

the absolute system of proof gives to the judge large powers to orient the litigation and complete any missing evidences, whereas the restricted system of proof does not grant any role to the judge, whose powers are limited to receive the evidences, their evaluation and settle within their limits.

in the mixed system of proof, the legislator determines the powers and domains of intervention of the judge.