Document Type : Original Article
Authors
1
Faculty of Law, Islamic Azad University of Larestan, Iran
2
Assistant Professor, Department of Law, Larestan Branch, Islamic Azad University, Larestan, Iran
3
Assistant Professor of Law, Larestan Branch, Islamic Azad University, Larestan, Iran
10.30510/psi.2022.360295.3919
Abstract
Proofs are cited in lawsuits according to their probative power. Documents and testimony, as proofs with relatively good proof power, may sometimes be in conflict with each other. Therefore, in this research, with analytical-descriptive method, the probative power of each of these evidences and solutions to resolve conflicts in them have been investigated. The meaning of the value of testimony against an authentic document is that the testimony should have a higher and stronger value than the authentic document with other conditions, and in this case, the claim against the contents of the authentic document can be proved by testimony. . Therefore, witnessing is a way to verify the truth, which the Holy Sharia has signed and confirmed and has added conditions to it, including the justice of the witness. The question that arises in this research is, what is the power of testimony against a normal and official document? In fact, testimony has a methodical value, objectively, and without a doubt, the same is true of the document. On the other hand, in the conflict between an authentic document and testimony, the certainty of a kind of rationality resulting from an authentic document is stronger than the certainty resulting from the testimony of two just men, and thus, in the conflict between a document and testimony, we should consider the document as the priority. Of course, sometimes it is possible that the judge's personal confidence in the testimony is higher than his confidence in the authentic document.
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