Examining the validity of testimony against an official document is a topic in jurisprudence and law
The document may conflict with other evidence in the proceedings, including the testimony of witnesses. In this case, the court should prefer a document or testimony from among them, depending on the case. Due to the removal of some civil legal articles regarding the financial quorum for accepting the testimony of witnesses against the contents of the official document and the implicit attention of the legislator in some legal articles, such as Article 62 of the Law on Permanent Orders of the Country Development Program and Article 195 of the Civil Procedure Law indicating the acceptance of witness testimony, Regarding the official document, there have been doubts about the amount and method of accepting the testimony of witnesses, in front of the official document, in the laws of our country. In this research, the purpose of investigating the conflict between the document and testimony in jurisprudence, the laws of Iran, France and Egypt is to find the best reason during the conflict and to introduce the obstacles to the validity of the document in Iranian law. Therefore, Guardian Council's theory No. 2655 indicating the annulment of Article 1309 of the Civil Code has been examined according to the theory of the legal department of justice and the opinions of jurists and judicial procedure and comparison with the laws of other countries. It seems that it is appropriate to revise the articles removed from the civil law in the effect and administration of the sharia proof of witness testimony,
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.