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Title

PERSONAL LIMITATIONS OF THE OATH IN CIVIL ACTIONS

Writers

MOHAMMADI PEZHMAN

Pages

 Start Page 297 | End Page 316

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.

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