The role of the judge in studying the reason and discovering the truth in jurisprudence and law of Iran and England by looking at the principles and rules of transnational civil procedure

Document Type : Original Article

Authors

1 Department of International Law, Faculty of Law and Political Science, Kharazmi University, Tehran

2 PhD student in Jurisprudence and Private Law, Kharazmi University of Tehran

Abstract

In discussing the evidence of litigation in civil matters, the philosophy of civil litigation is to discover the truth, not just the chapter on hostility. In this regard, Islam also obliges the judge to administer justice, and in this regard, differentiates in what litigation the judge is judging. No, because the criterion for action is the realization of the right. In this descriptive-analytical study, with a new analysis of the rule of prohibition of reason and its difference with indoctrination, the role of the judge in studying reason and discovering the truth has been discussed and the findings indicate that the active role of the civil judge In litigation and civil liberties in judicial evaluation, civil arguments such as criminal reasons are now accepted in most jurisdictions such as English law and transnational civil procedure, and in Iranian law with a new analysis of the prohibition of reason and changes. In the Code of Civil Procedure, the lofty goal of the trial can be achieved, during which the existing gaps will be identified.

Keywords

Political Sociology of Iran
Volume 5, Issue 10
December 2022
Pages 3163-3180

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