Hebron University Journal - Hebron University Journal for Research - Volume 15, Issue 2, 2020 - Legal Definition of the 'Others' in light of Article 18 of the Palestinian Law of Evidence in Civil and Commercial Matters No. 4 of 2001

Review

Abstract:

One of the measures of proof-taking mention in the Palestinian Law of Evidence in Civil and Commercial Matters No. 4 of 2001 is 'written evidence', with 'private instruments' being a category of it. The Law regulated these instruments with specific provisions, particularly with regards to its probative value before ‘foreign parties’. The Palestinian legislature deprived private instruments of any probative value before such parties, except if such instruments have a certain date. If they have it, then there probative value is acquired from that date vis-a-vis foreign parties, who are subject to the effects of that value. This paper aims to set the standards of identifying such parties in a similar context, in accordance with the legislative purpose implied in Article 18 of the this Law. Moreover, it aims to identify the essence of the right that might be contained in private instruments, in order to determine the probative value of such instruments vis-a-vis all legal statuses addressed by the content of these instruments. The paper concludes with a set of results that serve both aims. 

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