مدى حجية الدفاتر التجارية في الإثبات وفقا للقانون الأردني

Abstract EN

The general rule stipulates that the person's can not create his own evidence, but the legislator has made an exception with regards to commercial books and gave it the power of proof in (he benefit of the merchant if they were organized according to law.

The legislator had also given the commercial books the power of proof against non-merchants if the dispute pertains data registered in these books, bul in this case the court will resort to suppletory oalh regarding such data.

The legislator had also given the commercial books against the merchant himself if his opponent was a merchant or not and if the dispute was commercial or civil since the commercial books are considered as a declaration from the merchant with regards (he data contained in these books and this constitute an exception on the general rule of proof which states that the person is not forced to present an evidence against himself If the legislator had given the commercial books such power, the judge enjoys a discretional authority in accepting these books as evidence, but his judgment has to be reasoned in this aspecl or there will be chances to cassate the judgment.