THE ROLE OF JUDGE AND PARTIES IN PROOF AND EVALUATING THE FACTS IN A CIVIL PROCEEDING

Nowadays, Some Procedural Rules has been Transnational and Widely used by Modern Legal Systems. One of them is called " The Principle of Initiative of The Parties in Civil Proceedings", in French known as "Principe Dispositif". This Principle explains Major Role of the Parties Wills in initiating, managing and putting end to Civil Actions. The Judge has no Authority in Pursuing an Action except in which Case that The Plaintiff has demanded. A Civil process is The Scene of Parties Battle and The Judge can do nothing but watching and assessing.Despite The Evolutions aimed to increase The Court's Powers to handle Civil Matters, The principle of parties’ initiative still has a significant Place in Civil Process.The Present Article intends to redefine The Relations between The Judge and The Parties of a Civil Case, specifically in respect the proof and evaluating the facts.