The Faculty of Graduate Studies awarded the researcher Saja Atallah a Master’s Degree in Private Law in response to her thesis entitled “The Judge and Experience in Evidence in Civil and Commercial Articles in the Evidence Law No. (4) of 2001”.
The Palestinian law considers the judicial experience as a means of evidence to which it shall be resorted in specialized technical matters that require experts for enforcing them, especially that such matters are beyond the Judge’s knowledge and realization, so that experience may not be used in legal matters.
The court may resort to judicial experience either by its own or upon the request of the litigants whenever experience is needed to be used. The parties shall have the right to apply for rejecting the judicial expert if there is any of the rejection reasons that are stipulated in the law.
In addition, there are obligations that the legal expert must undertake, such as swearing the legal oath, inviting the litigants and preparing the report. The civil liability of the judicial expert shall be established in accordance with the provisions and conditions of the tort liability. The court shall have a discretionary authority towards the experience report, it may invite the expert to discuss the experience report with him/her, it may re-task the expert to complete the shortage in the report and it may ask for a new expertise. The court, moreover, enjoys a discretionary authority towards the opinion of the judicial expert, it may rely either totally or partially on the opinion of the expert and it may completely ignore such an opinion.
The committee consisted of: Dr. Ashraf Hussein as a main supervisor and Chairman, Dr. Mohammed Khalaf as an external examiner and Dr. Isehaq Barqawi as an internal examiner.
At the end of the session, the committee approved the success of the researcher and recommended her a Master’s degree.