تعارض ميان سند و شهادت در حقوق مدني ايران و فقه اماميه

OPPOSITION BETWEEN LEGAL DOCUMENT AND ORAL EVIDENCE IN IRANIAN CIVIL LAW AND SHIʹI JURISPRUDENCE

This article examines a problem in civil procedure in which the evidences in substantiation of claims oppose each other. It is possible, in some cases, that formal documentary evidence contradicts oral evidence. The kind of judgements and evidences, quality of validity of oral evidence and legal document in Iranian legal system and Shiʹi jurisprudence and the article 1309 in civil code of Iran will be used to examine the issue. Furthermore the Guardian Courcilʹs interpretation of Article 1309, the Commentaries of lawyers and growing privileged position of oral evidence in international legal systems will be brought to bearing our analysis.