The study in this present research work has been concentrated on handling the subject of obligation of the judge to arbitrament (i.e. settle a dispute) within the frame of the texts of the French Law, the opinions of Jurisprudence, and the decisions of the Judiciary.

It aims determine the party who is dominating over the determination of the facts of the dispute, and to know who shall assume the establishment of such facts, and what is the scope of the obligation of the Judge for the determination in the dispute

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