Agreement Between the Parties to the Contract in Determining the Evidence to Prove the Claim

The parties to a contract can agree with each other before any dispute arises or even after it, what documents and evidence they will use to prove their claims in the event of a dispute, or which evidence they will accept to prove which issue. The value of evidence in proving a claim or the scope and validity of evidence is a matter related to the substantive aspect of evidence. In every legal system, in order to facilitate the trial and discovery of facts, certain principles and rules have been established regarding evidence to prove a claim, which are mostly based on the beliefs, religious ideas and economic policies adopted by each country. Anyone who claims a right must prove it, and whenever the defendant claims something in defense that requires proof, it is his responsibility to prove it. The research method is analytical and descriptive. The main purpose of this research is to reach an agreement between the parties to the contract in determining the evidence to prove a claim. The results and achievements of the research show that the agreement between the parties to the contract in determining the evidence to prove a claim is an efficient tool for managing contractual risks and optimizing the dispute resolution process. Accepting these contracts, along with paying attention to their legitimate limitations, can contribute significantly to the greater efficiency of the judicial system and the realization of contractual justice.