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Main Page / Legislations / CIVIL AND COMMERCIAL PROCEDURE LAW - Law No. 13 of 1990 / Part 6: Oath / Chapter One: Decisive Oath
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CIVIL AND COMMERCIAL PROCEDURE LAW - Law No. 13 of 1990

Law Summary Record Type: LawNumber: 13Date: 17/06/1990 Corresponding to 24/11/1410 HijriNumber of Articles: 580Status: In force
Official Gazette :Issue: 13Offcial Journal Issue Publication Date: 01/01/1990 Corresponding to 04/06/1410 HijriPage from: 2967
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Chapter One: Decisive Oath

  • 313 Article

    A decisive oath is one directed by one of the litigants to the other to settle the dispute.

  • 314 Article

    At any stage of the lawsuit, either litigant may make a decisive oath. The judge may prevent the oath from being made if the concerned litigant is arbitrary in the manner he takes the oath.
    The litigant who was requested to take the oath may refer it back to his opponent, provided that the oath may not be referred back if it is directed towards an incident where both parties are not part of it. However, the oath shall be confined to the person to whom it was directed.  
    It shall not be permissible for the person who requested the oath to be taken or who referred it back to retract his acceptance if his opponent accepted to take oath.  

  • 315 Article

    A decisive oath may not be made in respect of an occurrence contrary to public discipline or manners. The occurrence in respect of which the oath is to be taken shall be relevant to the person to whom the oath was referred. If it does not pertain to his personality, the oath shall be taken from him merely for his knowledge thereof.

  • 316 Article

    A trustee, guardian or representative of an absentee may direct the decisive oath in accordance with what he is mandated to deal with. Nonetheless, the representative in litigation may not direct a decisive oath nor accept it or refer it back to the other litigant unless a private power of attorney is secured to this effect.

  • 317 Article

    The person who refers the oath to his litigant shall give precisely the facts he intends the other litigant to swear upon and shall state the wording of the oath in a clear manner. The court may amend the wording of the oath given by the party in such a manner as to show clearly and precisely the incident on which the oath is to be taken.
    The oath may not be taken through representation.

  • 318 Article

    If the person to whom the oath is directed does not contest its validity or relevance to the case, he shall either take the oath or refer it back to the other litigant if he is present. Otherwise, he shall be considered a defaulter.
    However, the court may give him time to take the oath if it finds that oath reasonable.
    If he is not present, he should be informed to take the oath with the wording as decided by the court and in the session fixed by it for swearing. If he appears and abstains from taking the oath without contesting the same, or if he fails to appear without an excuse, he shall be considered a defaulter.

  • 319 Article

    If the person to whom the oath is directed contests its validity or relevance to the case and the court dismisses his objection and orders that he be made to swear, the court shall include the wording of the oath in its judgment. The text of the said judgment shall be made known to the other litigant if he was not present himself, and the procedures provided for in the preceding Article shall be complied with.

  • 320 Article

    If the person to whom the oath is directed has an excuse which prevents him from appearing before court, the court may relocate to the place where he is or may delegate one of its judges to take the oath from him

  • 321 Article

    The oath shall be administered to the swearer as follows: “I swear by the Gracious Allah” and then quoting the wording dictated by the court. The person who is obligated to take the oath may perform it in accordance with the practices observed in his religion, if he so requests.

  • 322 Article

    In the case of a person unable to speak, his habitual signs shall be considered his oath, or his withdrawal from and objection to making the oath if he is unable to write. If he knows how to write, his oath or withdrawal from and objection to taking the oath shall be in writing.

  • 323 Article

    The minutes including the oath shall be signed by the swearer, the presiding judge or the deputed judge and the Registry of the court

  • 324 Article

    Anyone who directs a decisive oath shall disclose all other evidence pertaining to the event based on which the oath is taken. No party to the lawsuit may prove the perjury of an oath after it has been made by the party to whom it is directed or referred back. However, if the false oath has been proved by a criminal judgment, the party who suffers damages therefrom may claim compensation without prejudice to his right to challenge the judgment issued against him because of the false oath.

  • 325 Article

    The court shall rule in favor of any person to whom a decisive oath is directed and who takes it. However, if he withdraws from giving the oath directed to him without referring it back to the other litigant, he shall lose his case. In the same way, anyone to whom the oath is referred back and who withdraws from taking it shall lose his case.

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