الإقرار القضائي و أثره على سير الدعوى المدنية : (دراسة مقارنة)‎

Abstract EN

This study aims to define the judicial declaration and distinguish it from other evidence such as testimony, written evidence, statement of its pillars, conditions and authority, and the extent of the fragmentation of the declaration and its reference .

The study concluded that if the declaration was issued in accordance with its four pillars and legal conditions, it had a firm authority and limited to the headquarters and its heirs after it, and it is not permissible to refer to the judicial declaration, and not to break it up unless it is focused on multiple facts and the existence of an incident of which does not require the existence of other facts, and the court of the subject has authority Estimate not controlled by the Court of Cassation in collecting the availability of the pillars of the declaration for consideration of the declaration judicially, either the issue of the fragmentation or non-fragmentation of a matter of law in which the court of the trial is subject to the control of the Court of Cassation - discrimination, if the court of the subject breaks a declaration that is not valid for its fragmentation or refuses to approve its fragmentation, its ruling was incorrect and must be overturned .

It submits a proposed legal text that includes - amending article 104/1 of the Egyptian evidentiary law to make the declaration a definitive and limited argument to headquarters because the combination of the definitive and minor authenticity is better and requires support, as well as adding a second paragraph to the same article, which is not valid to refer to the declaration except for a fundamental error.