Document Type : Reasearch paper
Abstract
The law regards the will in judicial work and requires it to be valid, so it would not have a defect out of the will regulated by the legislator in civil law. In fact, the procedural form of judicial action would achieve the greatest possible safeguards for the validity of the will, This reduces the chance that the judge or one of the parties to the proceedings will be affected by these defects. But when the will has such flaws as inaccuracy or fraud, it affects the validity of judicial work. In this regard, it is not subject to the rules governing it in civil law. It is subject to special rules that are consistent with its nature and that make its adherence within the limits established by procedural law the law of pleadings.
We will try to demonstrate through this research the flaws that can affect the validity of will in judicial work and the impact thereof. A judge might misunderstand reality, and the effect is to overturn the judgment. The will may be fraudulent, sometimes by the judge himself. Here , the effected party has the right to complain the judgment , which may be rendered by one of the parties to the proceedings at other times, disadvantages the will of the judge and is subject to appeal by way of a retrial.
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