The Cooperation of Litigants in French Law and Iranian Law with an Emphasis on the Study of Evidence and the Discovery of the Truth

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.

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.

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.

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.