جستجوی مقالات مرتبط با کلیدواژه "verdict containing contradiction relying on contradictory principles" در نشریات گروه "فقه و حقوق"

A Judge’s reliance on contradictory principles in issuance of a verdict causes the verdict to become a “verdict containing contradiction relying on contradictory principles” and become exposed to new trial. Despite many scientific, practical and analytic difficulties in exploring examples exactly fitting the above-mentioned notion, there are some examples among the articles of law regarding contradictory judgments and principles. Non-hiddenness of the evidence of suit, awareness of the plaintiff of the new trial of the existence of evidence, expiration of new trial period on hidden or non-noticed evidence and solvency are some examples of such principles. These principles usually overlap partially, but they cannot overlap completely. Such a verdict contemplates wrong imposition of burden of proof in lawsuit. Not only Civil Procedure Act but also other acts such as Commercial Code contain such principles. Mere existence of contradictory principles within a verdict cannot change such a verdict into a “verdict containing contradiction relying on contradictory principles”, but some conditions have to be observed within that verdict. Hence, the mentioned verdict is necessarily an example of the verdict containing contradiction and both principles must be used and relied on.