Journal of college of Law for Legal and Political Sciences

Abstract

ABSTRACT : The judge of family affairs as a judge has an important discretionary power to understand the facts in the light of the evidence available in an attempt to achieve a relative approach, between legal truth and real reality. This power is embodied in the assessment of evidence and before his full authority in understanding the reality of the case, And the documents presented to him correctly and balance each other, and reassuring them, without the control of the Court of Cassation when he established the judiciary on sufficient grounds to bear and justify the result that ended. This task requires the judge to know the limits of that authority in order to achieve the principle of adequacy, between the evidence on the one hand and the completion of the positive assigned to it.