Analysis of the Grounds for the Application and Validity of Testimony from Interested Parties: A Case Study of Hired Witnesses Testifying in Favor of Tenants

Document Type : Original Article

Authors

1 Doctoral Student Of Meybod University

2 faculty of meybod unversity

Abstract

In order for a witness to be considered as valid evidence, jurists have emphasized the existence of certain legal conditions for the witness. One of these conditions is that the witness should not be under suspicion. Among those whose testimony puts them under suspicion is the hired witness, which has led to a difference of opinion among jurists regarding the validity of the testimony of a hired witness. Earlier jurists believed that the testimony of a hired witness should not be accepted, while later jurists believed that it should be accepted. The legislator has also adopted an ambiguous approach.
the present study has collected information from library sources and analyzed the presented bases. However, no criterion for rejecting the testimony of a beneficiary was found. The only criterion extracted is that if the beneficiary, by giving testimony, changes his position in favor of one of the parties to the dispute - as if he himself is one of the parties to the dispute - in this case, even with the establishment of justice, the title of witness does not apply to him. Therefore, it can be argued that with the establishment of justice, the condition of not being a beneficiary in Article 177 of ipc appears to be an extra condition. Therefore, the judge is the one who evaluates the evidence. The judge is the one who determines to what extent the evidence enjoys the legal validity intended by the legislator, even if it is not useful knowledge.

Keywords

Main Subjects

Civil Jurisprudence Doctrines

Articles in Press, Accepted Manuscript
Available Online from 28 September 2024

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