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
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