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Legal analysis of the effects and evidentiary value of documents in civil lawsuits in Iran and England
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Shaghayegh Dorchehreh1   , Farzaneh Sarir2 , Asghar Arabiyan3 |
1- Department of Private Law, Varamin-Pishva Branch, Islamic Azad University, Pishva, Iran. & Department of Private Law
2- Department of Private Law, South Tehran Branch, Islamic Azad University, Tehran, Iran. (Corresponding Author) & Department of Private Law
3- Department of Private Law, Science and Research Branch, Islamic Azad University, Tehran, Iran. & Department of Private Law |
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Abstract: (5 Views) |
Some scholars and authors, particularly jurists, regard informal documents (private deeds) as valid, referencing Verse 282 of Surah Al-Baqarah, certain articles of the Civil Code such as Articles 191 and 339, and the principle of freedom of contract. Others, however, rely on Articles 22 and 46 to 48 of the Registration Act, considering transactions related to immovable property—including both the substance and its benefits, as well as associated rights—as formal contracts, and therefore, deem their validity contingent upon official registration, regarding informal documents as lacking legal effect. This research adopts an analytical-comparative approach to examine the effects and evidentiary value of documents in civil litigation in Iran and England. The principal aim is to identify the characteristics of official documents, their role in safeguarding legal transparency and justice, and to determine both theoretical and practical obstacles. The research methodology is based on a descriptive-analytical review of books, scholarly articles, and up-to-date legal sources. Given the fundamental differences in the legal frameworks of Iran and England, the manner and extent to which documentsils are recognized and their evidentiary value in civil cases also differ accordingly.
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Article number: 6 |
| Keywords: Ordinary Document, Official Document, Civil Litigation, Iranian Law, English Law. |
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Full-Text [PDF 514 kb]
(6 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2025/04/16 | Revised: 2025/05/26 | Accepted: 2026/06/10 | Published: 2025/06/22
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