The Commencement of Proof in Writing as a Mechanism for Achieving Flexibility in Evidence

Abstract

This research examines the principle of “commencement of proof in writing” as one of the incomplete means of evidence recognized by the Libyan Civil Law, and its role in achieving flexibility in the system of proof. It aims to clarify the concept and legal nature of this principle, and whether it constitutes an independent form of evidence or merely a preliminary means to support other evidence. It also identifies the legal conditions governing its application. The study further analyzes how this principle mitigates the rigidity of formal proof requirements by allowing the use of additional means of evidence, such as witness testimony and presumptions, in cases where written evidence is originally required. The research adopts a descriptive and analytical methodology in examining legal texts and jurisprudential opinions. The study concludes that the commencement of proof in writing does not constitute full evidence on its own, but rather serves as a preliminary indication that allows the completion of proof through other means, within specific legal constraints, thereby achieving a balance between legal certainty and fairness.