consultation

What is meant by decisive oath?

The decisive oath is the means of someone who does not have evidence of his claim in a matter, which the plaintiff resorts to if he is unable to prove it.

And according to Article 57 of the Federal Evidence Law No. 27 of 2020, regarding civil and commercial transactions, each of the two parties may, in any case in which the case is, direct the decisive oath to the other party.

Provided that the incident on which the oath is based relates to the person to whom it is addressed.

Although it was not personal to him, it focused on his mere knowledge of it.

Despite this, the judge may prevent taking the oath if the opponent is arbitrary in directing it, and the one to whom the oath is directed has the right to return it to his opponent.

It is not permissible to return the oath if the oath is based on an incident in which the two litigants do not participate, as if the person to whom the oath was directed is independent only, and it is not permissible for the one who directed the oath or rejected it to return to that when his opponent accepted to take the oath.

The conditions of the decisive oath include that it be related to the subject of the dispute and produced in it, and that the incident subject to the oath is a matter of fact and not a matter of law, and it is permissible to prove the opposite, and that the plaintiff is unable to prove, as the decisive oath is a means of one who has no evidence of his claim, and the approval of those He demanded her lack of evidence.

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