consultation

■ What is the meaning of the complementary oath?

Are there special conditions that govern it?

In which cases can the complementary oath be used?

■■ A complementary oath is that which the judge directs on his own initiative to either of the litigants in the case, in his desire to find a pure truth.

In order to direct the complementary oath, it is stipulated that the case does not have complete and decisive evidence, and it is not devoid of any evidence in the sense that it includes one or more evidence, but it is non-conclusive evidence, or is incapable of advancing the judgment.

The judge may first, with his discretionary power, decide whether or not this evidence is insufficient to form his belief and make his judgment based on it, pursuant to the provisions of Article 62 of the Federal Evidence in Civil and Commercial Transactions Law No. 10 of 1992, and its amendments that stipulate That: «The judge, in whatever case the lawsuit is to be, may direct the complementary oath on his own initiative to either of the litigants to base his judgment on the merits of the case or the value of what he is judging. From any evidence - it is not permissible for the opponent to whom this oath is directed, to return it to the other opponent. ”

The Court of Appeal is not bound by what the Court of First Instance has arranged on the oath that completes its judgment, as it is not a binding argument, because it does not resolve the dispute.

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