Treaty Legal Research

Treaty Legal Research

Proceeding under the exclusive oath

Document Type : Original Article

Authors
1 Assistant Professor of jurisprudence and law of Imamieh University of Islamic Religions, Tehran, Iran
2 Associate professor of private law at the University of Justice and Administrative Services
3 Master's degree in Private Law, University of Justice and Administrative Services
Abstract
Abstract
Nowadays, in judicial proceedings, attention to the evidence of litigation plays a key role in resolving issues and judicial cases.But this depends on the correct understanding of the terms and conditions. differences in the views of the courts in interpreting the implementation of some form of rules sometimes leads to a defect of the claimant's right who does not have objective evidence, such as testimony of witnesses or documents. Occasionally, for reasons related to the reasoning, the claimant only mentions his own oath or not even a reason as an oath in the relevant parts of the reasons, and only in the part of describing the petition to declare his reason as an oath. In some cases, basically, not in the column of evidence, nor in the descriptive statement, there is no reason to cite. This documentary inquiry seeks to answer the question of how courts should deal with cases in order to prevent a claimant's violation?Each of these forms has its own rules. But in a nutshell it can be said that the important issue under Article 51 (6) of the Code of Civil Procedure,is the reason, whether in the relevant column or in any part of the petition. In addition, the oath may only be invoked if no other reason has been invoked or the judge does not proceed in accordance with article 199  of the code of civil Procedure to study it. 
 
Today, in judicial proceedings, attention to the evidence of litigation plays a key role in resolving issues and judicial cases.But this depends on the correct understanding of the rules and regulations. differences in the views of the courts in interpreting the implementation of some form of rules sometimes leads to a defect of the claimant's right who does not have objective evidence, such as testimony of witnesses or documents. Sometimes, for reasons related to the reasoning, the claimant only mentions his own oath or not even a reason as an oath in the relevant parts of the reasons, and only in the part describing the petition to declare his reason as an oath. In some cases, basically, not in the column of evidence, nor in the descriptive statement, there is no reason to cite. This documentary inquiry seeks to answer the question of how courts should deal with cases in order to prevent a claimant's violation?Each of these forms has its own rules. But in a nutshell it can be said that the important issue under Article 51 (6) of the Code of Civil Procedure,is the reason, whether in the relevant column or in any part of the petition. In addition, the oath may only be invoked if no other reason has been invoked or the judge does not proceed in accordance with article 199 of the code of civil Procedure to study it.
Keywords

References
1. Emami, Seyed Hassan, Civil Law, Vol. 6, Tehran, Islamic Publications, 14th Edition, 2012.
2. Jafari Langroudi, Mohammad Jafar, Extended in Legal Terminology, Tehran, Ganjdanesh Publications, Vol. 3 and 4, 1999.
3. Hayati, Ali Abbas, The Code of Civil Procedure in the Current Legal Order, Tehran, Mizan Publications, Fifth Edition, 2016.
4. Demirchili, Mohammad et al., Commercial Law in the Current Legal Order, Tehran, Persian Gulf Publications, 2001
5. Diani, Abdul Rasool, Oath, Judicial Monthly, No. 47, 2004.
6. Agriculture, Abbas, Procedure of Public and Revolutionary Courts in Civil Matters, Vol. 1, Tehran, Third Line Publications, 2000.
7. Agriculture, Abbas, Civil Procedure Code in the current legal order, Tehran, Third Line Publications, 2004.
8. Shams, Abdullah, Civil Procedure; Advanced Course, Tehran, Drake Publications, 20th Edition, 2008.
9. Saffar, Mohammad Javad, Legal Character, Tehran, Dana Publications, 1994.
10. Feyz, Alireza, Principles of Jurisprudence and Principles, Tehran, University of Tehran Press, 2005.
11. Katozian, Nasser, Proof and Reason for Proof, Vol. 2, Tehran, Mizan Publications, Fifth Edition, 2009.
12. Karimi, Abbas, Evidence of litigation, Tehran, Mizan Publications, third edition, 2012.
13. Mohammadi, Pejman, Personal Restrictions on Oaths in Civil Litigation, Journal of the Faculty of Law and Political Science, 2010.
14. Homo, Thematic Restrictions on Oaths in Civil Litigation, Journal of Public Law Research, 2010.
15. Makiya al-Ameli, Muhammad ibn Jamal al-Din (the first martyr), Al-Lama 'al-Damashqiyah, Qom, Dar al-Fikr, 2001.
16. Mohajeri, Ali, Description of the Code of Civil Procedure of Public and Revolutionary Courts, Vol. 2, Tehran, Ganjdanesh Publications, 2001.
17. Motameni Tabatabai, Manouchehr, Legal Entity, Collection of Articles, Private Law Developments; Memoirs of the late Dr. Seyed Hassan Emami, Tehran, University of Tehran Press, 1992.

  • Receive Date 11 July 2018
  • Revise Date 17 May 2020
  • Accept Date 02 February 2019