Volume 28, Issue 101 (spring 2023)
__Judicial Law Views __2012__, 28(__59__): __22466 |
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Hasanzadeh M. Analysis of the Special and Different Effect of Confession Compared with Other Reasons in Civil Lawsuits. دیدگاههای حقوقی 2023; 28 (101) :51-66
URL: http://jlviews2.ujsas.ac.ir/article-1-1227-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-1227-en.html
, m.hasanzadeh@qom.ac.ir
Abstract: (889 Views)
In jurisprudence, it is seriously spoken about the difference between confession and testimony and the distinction of confession in validity and effect, in such a way as to prove the issue without the need for a ruling. In the laws, the legislator's expression in Article 1275 of the Civil Code and declaration of the non-objectionable (appeal and appeal to the Supreme Court) documentary evidence of confession in Articles 331 and 369 of the Civil Procedure Code shows the special attention of the legislator for this reason and the establishment of special validity and effect for this reason. Accordingly, the special condition of confession compared to other reasons and the basis for such a distinction is an important point that needs to be analyzed. Research in this regard leads us to the conclusion that what has caused the distinction of confession from other evidence and its special validity and effect is that, unlike other reasons, the confession is the reason that is prepared and presented by the person who is the reason against him and contains the acceptance of that person that causes the resolution of disagreements and the coordination between the parties to the dispute (in relation to the subject matter).
Type of Study: Research |
Subject:
Pivate Law
Received: 2018/03/06 | Revised: 2023/10/15 | Accepted: 2023/05/24 | Published: 2023/09/10 | ePublished: 2023/09/10
Received: 2018/03/06 | Revised: 2023/10/15 | Accepted: 2023/05/24 | Published: 2023/09/10 | ePublished: 2023/09/10
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