چکیده:
One of the important issues in the field of family law is the proof of lineage, which carries very important legal consequences. Today, with the advancement of science, it is possible to use genetic testing in lineage proof lawsuits. Jurists differ on the authority of such tests for proving lineage; some believe in the authority of these proofs if certainty is achieved, while a group believes in their lack of authority. Among legal experts, there is less disagreement, and the existing disagreement is merely regarding the method of relying on these tests. The present article aims to examine the role of DNA testing and the possibility of relying on it in lineage proof lawsuits and to see whether these tests can be relied upon under existing regulations or whether such authorization will not exist until the law explicitly states it. In current conditions, given that all proofs of lineage are based on suspicion and there is a possibility of proving the contrary, and also due to the non-exclusivity of the aforementioned proofs, genetic testing should be able to be used as a new evidence in many lineage proof lawsuits; however, to create the necessary platform for relying on it, a legal explicit statement is required.
خلاصه ماشینی:
2- The Validity of DNA Testing from a Legal Perspective The Civil Code 4 , without providing a definition of the evidence for proving a claim, has listed these evidences in Article 1258 5 .
The Civil Procedure Code 6 , by providing a definition of "evidence" which states: "Evidence consists of a matter that the parties to a lawsuit rely upon to prove or defend the claim," has compensated for this ــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــ ـ Makarem Shirazi, Nasser, available at the website: http://www.
In legal books, the methods of proving lineage have also been examined under two headings: the presumption of the marriage bed and other evidences (Emami, 1964, Vol. 5, pp.
Based on this, some authors believe that, unlike "bayyina" and "yamin" (oath), confession alone is sufficient to resolve a dispute and is enforceable without the need for a judgment; and by citing Articles 1275-1276 of the Civil Code, in explaining the binding nature of confession, they state that the obligation arising from confession is similar to obligations resulting from contracts; therefore, as long as the falsehood of the confession has not been proven before the judge, ــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــ ـ Tarmi, Hassan, "Bayyina", 1380, available at the website: http://www.
p. Mousavian, Seyed Abolfazl, "The Domain of the Authority of the Judge's Knowledge in Jurisprudence," Journal of Articles and Reviews, University of Tehran, No. 77, Spring and Summer 2005 Nayebzadeh, Abbas, A Legal Study of Modern Artificial Procreation Methods, Tehran, Majd, 2001, First Edition Najafi, Mohammad Hassan, Jawahir al-Kalam fi Sharh Shara'i al-Islam, Tehran, Islamieh, 1987, Second Edition Nariman, Mina, "The Cooperation of Genetic Science in Proving Paternity or Lineage," 2011, available at the website: http://www.
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