The purpose of starting to prove freedom of trade in disputes is to prove the reasons by all means of proof without restriction until the approval is exceeded to take approval for civil commercial dealings, except what is excluded by a special text of this and other things, and we find many justifications for this, including supporting trustworthiness and speed that are based in In this case, the requirements for dealing with this vary between being commercial merchants or the subject of proof being an act carried out by the merchant during his commercial practice, whether the second party is a merchant or not. The problem of the study lies in the fact that the Iraqi legislator does not take into account the principle of freedom of proof in the current law, as it does not differentiate in proof between civil and commercial matters, based on the principle of simplification of the problem and equality between the contracting parties, and that the quorum of testimony stipulated in the current law of evidence is of a small nature that is not consistent with the revolution that it is witnessing. The country is in the field of commercial and industrial openness, despite the issuance of the first amendment to Evidence Law No. 46 of 2000.
Khadr et al. (Sun,) studied this question.