چکیده:
Today, the rules of procedure are viewed as a science like substantive law; a science that, like other branches of legal science, is governed by principles and rules. The principle of "the parties' authority over the subject matter in civil proceedings" is one of these general principles of procedural law. According to this principle, the will of the parties plays the primary role in a civil proceeding; a will that can shape the proceedings, sustain it, change its direction according to their desire, or even end it without reaching a conclusion. It is these parties who provide the necessary tools in factual matters to the judge and force the court to make a decision based on the data they have voluntarily provided. The authors have endeavored that by studying this article, the reader becomes familiar with the scope and manner of implementing this principle and its role in the interaction between the parties and the judge, in the field of proving and evaluating factual matters, through a comparative study.
خلاصه ماشینی:
The Interplay of Judge and Litigants in Establishing and Evaluating Subject Matter in Civil Procedure Majid Ghamami* Assistant Professor, Department of Private Law, Faculty of Law and Political Science, University of Tehran Seyyed Mohammad Azin Master's Student in Private Law, Faculty of Law and Political Science, University of Tehran (Date Received: 2023-01-11 - Date Approved: 2023-01-13) Abstract: Today, procedural law is viewed as a field of knowledge like substantive law; a discipline governed by principles and rules like other branches of legal science.
For example, in Iranian law, one cannot prove a matter contrary to the provisions of official documents by relying on testimony, which is a legally accepted evidence (Article 903 of the Civil Code).
Conversely, if we consider this non-presentation of books as a judicial presumption, the burden of proving the merchant’s negligence will still be on the opposing party, and the court will play a more active role in establishing this negligence and the rightfulness of the opposing party, while in the case of considering the presumption of the merchant’s guilt as legal, the judge will be bound by the provisions of Article 012 as a rule and, unless the contrary is proven, must side with the one referring to the books.
For example, the investigation of witnesses, which was mentioned in the law approved in 8131 as one of the exceptions to the principle of the parties' authority, is now considered within the rule itself based on Article 932 of the current Code of Civil Procedure.
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