Paper Information

Journal:   PRIVATE LAW STUDIES   SPRING 2010 , Volume 40 , Number SUPPLEMENT: 101; Page(s) 297 To 316.
 
Paper: 

PERSONAL LIMITATIONS OF THE OATH IN CIVIL ACTIONS

 
 
Author(s):  MOHAMMADI PEZHMAN*
 
* 
 
Abstract: 

The Law of evidence has seen a Sharp change in Iran since the Islamic Revolution of 1979. The change was mainly made in the form of substituting customary evidence with sharri-ah approved evidence such as witnessing (Bayyenneh) and oath (Ghasam). As to the oath, however, one can reject the idea that it can be taken as evidence in an action involving Legal entities. When an action is attributed to a person, he, himself, might be asked to take oath and so, it is considered as personal evidence and cannot be delegated. This will generate consequences. These aside, the person who takes oath must qualify certain features and conditions like having believe in God and capacity which are difficult to justify, Particulaly, in respect of legal person’s oath.

 
Keyword(s): LEGAL ENTITY (PERSON), TAKING OATH IN CIVIL ACTIONS, DELEGATION OF OATH., (SWEAR), REQUIREMENT OF OATH BEING PERSONAL
 
References: 
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