الامتناع عن تقديم دليل الإثبات و أثره في تحقق عنصر الخطأ التقصيري

Abstract EN

The idea of research revolves around the extent to which a failure to provide proof (adversary or non-adversary) can be held liable for civil liability by achieving one of its elements, the element of negligent error.

And it collides with two things: the first is that it is inherently determined that a person is not compelled to present evidence against himself, and the second is that nence in itself may be a fact.

Hence, I have tried to address the notion of omission as constituting an element of negligent error, whether it is a mere omission from any previous legal obligation or duty (and the extent to which the moral, ethical, customary and customary rules may be used to extend the scope of an omission error) or a prior omission of a legal or contractual obligation, and to apply this treatment to the premise of research (the adversary or third party refraining from providing evidence), in which the responsibility of ention can be based on the idea of abuse of the right to in if there is a situation of arbitrariness provided for in article 5 of the Civil Code.

The matter becomes clearer, especially if there is an obligation on the adversary or third party to present or present the documents under it or present a right under a civil and commercial law, as set forth in article 20 of evidence (27 of the Civil and commercial law): Law No.

25 of 1968, with the effect of nence.