Interrogation in Civil Proceedings
Journal Title: International Research Journal of Applied and Basic Sciences - Year 2013, Vol 6, Issue 8
Abstract
Nowadays with respect to the remarkable developments in the judicial system particularly in civil procedure area, the trial objective goes obviously beyond dispute settlement. By the authority granted by the legislator by virtue of Article 199 of Civil Procedure Law 2000, the civil judge has approached this goal to a great extent. This authority moderated and finally decreased gradually the well-known principle "prohibition of evidence obtainment" which had prohibited judge from obtaining evidence to discover the truth by virtue of Article 57 of Civil Procedure Law 1911 and Article 358 of previous Civil Procedure Law 1939. Furthermore, it converted the passive judge into an active judge. One can firmly state that one of the most reliable methods of investigation is questioning the litigants which is interpreted as interrogation in other countries laws. Unfortunately this investigation method has not been provided explicitly in our written laws and so it has not been elaborated by doctrine. In the Iranian justice system, interrogation does not have a clear position in civil actions due to some considerations, and despite laws of many Western and Arabic countries, no clear and precise rules have been provided in this regard. However, the only legal text existing in this regard is Article 199 of Civil Procedure Law which grants the authority of any kind of investigation required to discover the truth to the judge. This paper will investigate the concept of interrogation in civil proceedings.
Authors and Affiliations
Rozita Karimpour| Master of Private Law, Shiraz University, Shiraz, Iran, Zahra Karimpour| Master of Private Law, Shahid Bahonar University of Kerman, Kerman, Iran
Keywords
Related Articles
- EP ID EP6230
- DOI -
- Views 316
- Downloads 11
Evaluation of some of competitiveness indexes in competition between cotton varieties and common cocklebur (Xanthium strumarium L.)
In order to examine the competitive strength of cotton varieties experimental farm in 2010 in a factorial randomized complete block design was in 3 replication that consisting of 12 variety and three density levels (0,2,...
Study of relationship between organizational culture, Organizational Commitment and creativity of Physical Education Secretaries in Mazandaran Province
This study examined the relationship between organizational culture, organizational commitment and creativity of Physical Education Teachers province was conducted. The study population consisted of 120 physical educatio...
Evaluation the antifungal effect of fennel essence on post harvest life of golden delicious apple and comparison its effect with carbendazim and thiabendazole fungicide
In order to investigate the antifungal effect of medicinal plant essence on post harvest life of Golden Delicious apple and comparison its effect with chemical treatments, this experiment was conducted in completely rand...
The Relationship between Team Identity and Media Consumption in Iranian Ethnic Groups
The aim of this study was to investigate the relationship between the identity of national teams and media consumption in Iranian ethnic groups. The study was descriptive-analytical and the statistical population consist...
Multi objective Generation expansion planning in deregulated systems to consider benefit of generation company
This paper describes use of a new approach to solve multi-period multi-objective optimization of generation expansion planning problem in deregulated power systems over a long term planning horizon. Traditionally, the ob...