Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 141-165 |
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Pourbahram P, Moghadari Amiri A, Ahangaran M R. The Cooperation of Litigants in French Law and Iranian Law with an Emphasis on the Study of Evidence and the Discovery of the Truth. MLJ 2022; 16 :141-165
URL: http://ijmedicallaw.ir/article-1-1598-en.html
URL: http://ijmedicallaw.ir/article-1-1598-en.html
1- . Department of Private Law, Semnan Branch, Islamic Azad University, Semnan, Iran
2- Department of Private Law, Joibar Branch, Islamic Azad University, Mazandaran, Iran
3- Department of Private Law, University of Tehran, Tehran, Iran
2- Department of Private Law, Joibar Branch, Islamic Azad University, Mazandaran, Iran
3- Department of Private Law, University of Tehran, Tehran, Iran
Abstract:
Background and Aim: The cooperation of litigants is one of the important issues and a point of disagreement. The purpose of this article is to examine the cooperation of litigants in French law and its position in Iranian law, emphasizing the study of evidence and the discovery of truth.
Method: This paper is descriptive and analytical and the library method was applied.
Ethical Considerations: In all stages of writing the present research, the originality of the texts, honesty and trustworthiness have been observed.
Results: The cooperation of litigants is accepted in French law. In Iranian law, the path of legislative evolution shows the desire to study reason and it seems that the study of reason with motivation and the goal of discovering justice leads to the realization of rights and the implementation of real justice and the legislator, by drafting Article 199 of the new procedural law, actually wanted the decline of the power of extreme individualists and has tended towards cooperation between litigants and civil judges. In other words, nowadays the burden of proof has been experienced. The burden of alleging and proposing issues is still on the claimant and the judge does not play a role in this field, but the burden of proof is on both the claimant and the judge, the parties with the reasons they present against each other and the judge with the actions or investigations that He cooperates to reach the truth.
Conclusion: Today, the judge can perform actions that previously depended on the request of the litigants. Nevertheless, the law should not be interpreted broadly and the judge's freedom should be seen as unbridled and unconditional.
Please cite this article as:
Pourbahram P, Moghadari Amiri A, Ahangaran MR. The Cooperation of Litigants in French Law and Iranian Law with an Emphasis on the Study of Evidence and the Discovery of the Truth. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e11.
Method: This paper is descriptive and analytical and the library method was applied.
Ethical Considerations: In all stages of writing the present research, the originality of the texts, honesty and trustworthiness have been observed.
Results: The cooperation of litigants is accepted in French law. In Iranian law, the path of legislative evolution shows the desire to study reason and it seems that the study of reason with motivation and the goal of discovering justice leads to the realization of rights and the implementation of real justice and the legislator, by drafting Article 199 of the new procedural law, actually wanted the decline of the power of extreme individualists and has tended towards cooperation between litigants and civil judges. In other words, nowadays the burden of proof has been experienced. The burden of alleging and proposing issues is still on the claimant and the judge does not play a role in this field, but the burden of proof is on both the claimant and the judge, the parties with the reasons they present against each other and the judge with the actions or investigations that He cooperates to reach the truth.
Conclusion: Today, the judge can perform actions that previously depended on the request of the litigants. Nevertheless, the law should not be interpreted broadly and the judge's freedom should be seen as unbridled and unconditional.
Please cite this article as:
Pourbahram P, Moghadari Amiri A, Ahangaran MR. The Cooperation of Litigants in French Law and Iranian Law with an Emphasis on the Study of Evidence and the Discovery of the Truth. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e11.
Type of Study: Original Article |
Received: 2023/01/31 | Accepted: 2023/04/8
Received: 2023/01/31 | Accepted: 2023/04/8
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