Self-confirmation of agreement
DOI:
https://doi.org/10.52113/948Keywords:
Agreement, proof, elements, conditions, forms.Abstract
An agreement on proof is a procedural agreement concluded between the parties to regulate the means and methods of proving rights and obligations in legal disputes. It does not concern the creation or termination of a right; rather, it regulates the means of proof, whether by expanding, restricting, or modifying the order of those means. This agreement is a direct application of the principle of the sovereignty of the will in procedural matters, albeit within limits that do not violate public order or the principle of equality between adversaries. For this agreement to be valid, it must meet the general elements of a contract, including capacity, consent, subject matter, and legitimate cause. It is also required that the agreement not violate mandatory rules of public order, such as rules governing the means of proof, which the agreement may not contravene. The subject of the agreement must be clear and not violate the principles of equality or justice. Furthermore, the will must be free from defects of consent, such as coercion or gross injustice.
Downloads
Published
Issue
Section
License
Copyright (c) 2025 أ.د عقيل سرحان محمد، أ.م.د حسين عبيد شعواط ، الباحث احمد علي مهدي (مؤلف)

This work is licensed under a Creative Commons Attribution 4.0 International License.

