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Paper Information

Journal:   LAW & POLITICS RESEARCH JOURNAL   SUMMER 2010 , Volume 12 , Number 29; Page(s) 387 To 416.
 
Paper: 

OBJECTIVE CONSTRAINTS OF THE OATH IN CIVIL ACTIONS

 
 
Author(s):  MOHAMADI PEDJMAN*
 
* FACULTY OF LAW, SHAHID CHAMRAN UNIVERSITY-AHVAZ
 
Abstract: 

In addition to the limitations resulting from the personality of parties to a civil claim which reduces its effective working, oath, as legal evidence listed in civil Act and in civil procedure Act, suffers from certain object ـrelated constraints. Some of these constraints lie in the nature of the oath as a abstract last resort evidence. Oath as an only formal evidence is peculiar to the believers in God who can take it in a legal action. This peculiarity and the possibility of attribution generate interesting issues. More over, an examination of cases in which oath is taken, shows that, notwithstanding recent legal reform, oath can yet be taken only in a civil action which is open to prove by witness and such sort of actions are many, certain actions, too, can only be proved, using particular evidence, other than oath and witness, listed in statutes and hence it is important to know them.

 
Keyword(s): SUPPORTING OATH, ATTRIBUTION, WITNESSING, SUBJECT MATTER OF ACTION, SUPPLEMENTARY OATH
 
 
References: 
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APA: Copy

MOHAMADI, P. (2010). OBJECTIVE CONSTRAINTS OF THE OATH IN CIVIL ACTIONS. LAW & POLITICS RESEARCH JOURNAL, 12(29), 387-416. https://www.sid.ir/en/journal/ViewPaper.aspx?id=273637



Vancouver: Copy

MOHAMADI PEDJMAN. OBJECTIVE CONSTRAINTS OF THE OATH IN CIVIL ACTIONS. LAW & POLITICS RESEARCH JOURNAL. 2010 [cited 2021May17];12(29):387-416. Available from: https://www.sid.ir/en/journal/ViewPaper.aspx?id=273637



IEEE: Copy

MOHAMADI, P., 2010. OBJECTIVE CONSTRAINTS OF THE OATH IN CIVIL ACTIONS. LAW & POLITICS RESEARCH JOURNAL, [online] 12(29), pp.387-416. Available: https://www.sid.ir/en/journal/ViewPaper.aspx?id=273637.



 
 
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