Definition of Moral Impediment: It prevents a person from obtaining written evidence due to the embarrassment of the other side because of the presence of a relationship related to a legally defined degree.
The basic principle in proving contractual obligations is that it needs written evidence. However, these obligations may be proven by witness testimony when there is a moral impediment to be prevented from obtaining written evidence in accordance with what is stipulated in Article 57 of the Evidence Act, and the moral impediment is considered:
Kinship between spouses – Kinship between the ascendants and descendants (father and son) – Kinship up to the third degree (such as kinship with uncle) – Kinship between one of the spouses and the parents of the other husband.
Thus, the existence of one of these cases constitutes a legal presumption on the existence of the moral impediment, and it is not required from those who claim the existence of one of these cases except to prove the relationship only, such as proof of the marital relationship or prove the degree of consanguinity specified by law.
