Judicial Inspection as a Means of Proving the Boundaries Separating Adjoining Properties (Commentary on the Judgment of the Libyan Supreme Court in Civil Appeal No. 91/24 Q, issued on April 6, 1980)

Abstract

This study examines the evidentiary weight of judicial inspection as one of the means of proof under Libyan law, with particular emphasis on its pivotal role in demarcating boundary lines between contiguous immovable properties. This is achieved through an analytical scrutiny of the judgment rendered by the Libyan Supreme Court in Civil Appeal No. 1980/24.91, dated 6 April 1980.

The research aims to delineate the statutory framework governing judicial inspection, to expound upon the formal and substantive conditions requisite for its validity, and to assess its probative force as an evidentiary instrument. Furthermore, the study undertakes an inquiry into the scope of discretionary authority vested in the judiciary in evaluating and endorsing such inspection. It also examines the lawfulness of the composition of the judicial panel that conducted the inspection in the case at hand, and the degree to which the procedures adopted conform to the established legal safeguards.

Employing a descriptive and analytical methodology, the researcher arrives at the conclusion that judicial inspection constitutes, in principle, a facultative means of proof; nevertheless, it may under certain circumstances acquire binding force, particularly in property disputes that lack official documentation substantiating proprietary rights. The study further concludes that the absence of one member of the judicial panel during the inspection does not per se render the inspection null and void, unless such absence entails a material procedural irregularity or adversely affects the merits of the adjudication.

The research culminates in a series of recommendations, foremost among which is the imperative of enacting independent legislation to regulate means of evidence within the Libyan legal system, alongside underscoring the necessity of modernizing inspection mechanisms through the integration of contemporary technologies, including aerial imaging and visual documentation, so as to enhance the objectivity and accuracy of evidentiary procedures.