Judicial principles and studies
Legality of the Decisive Oath, the Option of Questioning, and Suing Joint Partners
A brief summary outlining rules on directing the decisive oath and the option of questioning, joint partners' liability, and the related enforcement procedure.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
This summary addresses three core points drawn from the Evidence Law and Companies Law: conditions for directing the decisive oath and the court’s option to question under Articles 53/1 and 53/2 of the Evidence Law; a partner’s liability in a joint (solidarity) company under Articles 26 and 27 of the Companies Law; and where execution against joint partners is addressed.
Summary
- The decisive oath may be directed only at the request of a party pursuant to Article 53/1 of the Evidence Law; the court does not have authority to impose it on its own while sufficient evidence exists in the case. - The decision to use the option of questioning is discretionary for the trial court under Article 53/2; if the court has weighed the evidence and finds no reason to exercise that option, its non-use is not defective. - Under Articles 26 and 27 of the Companies Law, a creditor of a joint company may sue the company and its partners, as a joint partner is jointly and severally liable with his personal assets for the company’s obligations incurred during his partnership. - Raising execution against joint partners is handled before the enforcement chamber at the execution stage, not before the trial court; therefore, omission of an explicit reference to Article 27 in the challenged judgment does not, on the presented points, constitute a ground for cassation. This is an educational summary and does not constitute a judicial text or legal advice.
Practical significance
This is a general educational summary based on the points published in the official source. It does not replace the original material or a review by Ashraf Al-Khawaja before relying on it for any action.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.