Introduction
Swearing an oath is one of the official means used in the law to document beliefs and confirm evidence. It’s a formal moment representing security and legal commitment, where a person commits to performing this act to document the truth of what they say and adhere to the truth. In this article, we will delve deeper into this topic and how it affects legal proceedings.
Types of Oaths
There are two main types of oaths: decisive and supplementary. The decisive oath is used to resolve disputes and is requested from the opposing party. Meanwhile, the supplementary oath is used to complete missing evidence in a lawsuit.
Importance of Oaths
Oaths are considered a crucial legal tool for settling disputes and proving facts. They help clarify the facts and present evidence formally, contributing to the achievement of justice.
Applications in UAE Law
In the United Arab Emirates, the importance of oaths is recognized in the legal system. They can be used in various cases and lawsuits to document evidence and prove facts. The inclusion of oaths as a means of proof is specified in the successive laws of the United Arab Emirates, including the most recent amendment in Chapter Eight of Federal Law No. 35 of 2022 concerning the issuance of the Evidence Law in Civil and Commercial Transactions, Articles 93 to 106 of the same law.
Additionally, the person swearing the oath must say “I swear by Almighty God” and mention the formula approved by the court related to the subject of the lawsuit.
Expert Opinions
Ahmed Saber, Head of Litigation Department:
The oath is a fundamental legal tool in litigation processes, playing a crucial role in achieving justice and proving facts in cases. By documenting legal beliefs and obligations, the oath can be a significant factor in resolving disputes and reaching settlements between conflicting parties. In the context of the UAE, the inclusion of oaths in the successive laws of the United Arab Emirates signifies its significant legal importance.
Nada Almaw, Head of Consultations Department:
The oath reflects the principles of honesty and integrity in legal proceedings, forming the basis of a fair legal system. If dealt with seriously and carefully, it can be a powerful means of officially proving and clarifying facts. Lawyers, judges, and all members of the judiciary should consider this important tool when handling cases and presenting evidence.
Conclusion
In conclusion, taking an oath is a formal moment that plays a significant role in the process of proving facts in the law. It represents a legal commitment and a powerful tool for settling disputes and achieving justice. Oaths should be handled with care and precision, as they can greatly influence the outcomes of legal cases.