Studying Jurisprudential and Legal Cases of Admissible Denial of Confession in Civil Matters

Document Type : Technical-Scientific

Authors

1 Assistant Professor at Law Faculty of Shahid Beheshti University

2 Ph.D Student of Private Law at Qom University

Abstract

Confession is one of the methods of proving a lawsuit that employed extensively in human societies for a long time. Confession is an acknowledgment of another person against one’s own interest. If confession is accessible, any other evidence will unnecessary to submit to the court. According to an Islamic rule, acknowledgment of people against their own interest is permissible; anyone who confesses to a right for others against his own interest will be required to fulfill it. If the confession conducted in accordance with required standards, denial after confession is not admissible, a rule that jurists and lawyers has consensus about it. However, in certain cases, denial is admissible. Under article 1277 of the Civil Code of Iran in case a person making a claims the confession made by him was faulty or based on error or mistake or other claims is discussed in this paper, his case will be heard. This may be before the award is issued or later. This paper reviews the terms of acceptable denial.

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