Basics of evaluating the role of the judge in proving civil litigation

Type : Research Article

Authors

1 Ph.D. Candidate in Private Law, East Azerbaijan Science and Research Branch, Islamic Azad University, Tabriz, Iran.

2 Professor, University of Tabriz, Tabriz, Iran.

3 Assistant Professor, Department of Private Law, Tabriz Branch, Islamic Azad University, Tabriz, Iran.

Abstract

In Islamic jurisprudence, jurists have provided criteria and cited various legal rules and principles in order to determine the applicant. The reason for the jurists for this distinction is that they can determine the burden of proving the dispute to the recipient. However, it is not always the case that he wants to be the only active member during the proceedings. Sometimes this view is accompanied by changes such as the judge's involvement in proving the case. Because civil litigation systems are subdivided into different legal systems, the role of the court in each legal system is different. Thus, in the system of accusatory proceedings, civil litigation is the property of the litigants and the judge is merely a passive member who can have no role other than issuing a verdict based on the reasons presented by the parties. However, in the system of investigative proceedings, the role of the judge in proving the lawsuit is active and he can search for evidence to prove the lawsuit in parallel with the plaintiff. In a way, the activeness of the judge reduces the role of the plaintiff in carrying the burden of proof. In this article, the basics of the role of the judge in proving the case are evaluated.

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‌ Timeline

  • Received: 21 February 2021
  • Revise: 21 May 2021
  • Accepted: 08 June 2021

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