نوع مقاله : پژوهشی
نویسندگان
1 گروه حقوق خصوصی ، دانشگاه آزاد اسلامی ، واحد زنجان، زنجان، ایران
2 حقوقدان -استادیاد دانشگاه آزاد اسلامی
3 استادیار گروه حقوق، دانشکده علوم اجتماعی، دانشگاه بین المللی امام خمینی، قزوین، ایران
4 گروه حقوق خصوصی، واحد زنجان ، دانشگاه آزاد اسلامی ، زنجان ، ایران
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Despite the significance of the possibility of producing new evidence in the phase of appeal in a proceeding, there is no explicit rule in this regard. This issue is controversial among the scholars in the field of procedural law and the judges in connection with the appellate stage of a proceeding. Most of the courts have induced from the laws and regulations which governs this issue, the fact that a judge can make reference to the new evidence in the appellate, such as new investigation, inspection of scene, or new deeds, even if those evidences have been out of the point or have been deviated or have not been considered by the court of first instance due to any reason. Such approach, from the view point of precedent in the field of appeal, has been provoked by the Iranian Law of Civil Procedure (1939) and Article 563 of French new Civil Procedure Code and it can be said that the judicial precedents in this regard have been established on the basis of the same laws. The only limitation thereof is reference to the new evidence for proving those claims which had been under consideration of the first instance court.
However, such precedent is not compatible with jurisprudential (feghhi) history of appeal and the very texts of some laws. Thus the conservative approach of the courts in this regard should be taken into account In the process of the future development of legislation. By following such an approach the legislator can be pushed to revert to the previous laws and regulations concerning the appeal, taking into account some adjustments thereto for confronting the prolongation of adjudications.
کلیدواژه‌ها [English]
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