Comparative Civil Procedure
Procedure & Regularity for Accuracy, True Dispute Resolution and Happiness

The Preservation of Evidence by Comparative Study in French law

Document Type : Original Article

Author

Kheirollah Hormozi

Associate Professor, Department of Private and Economic Law, Faculty of Law and Political Science, ALLAMEH Tabataba'i University, Tehran, Iran.

Abstract
In judicial proceedings, success ultimately depends on the ability to prove one’s right, and such proof is only possible through the presentation of evidence. A claimant who possesses a valid right but fails to substantiate it not only loses the case but may also be compelled to bear the litigation costs of the opposing party. It is therefore a matter of prudence to secure evidence prior to initiating a lawsuit. One of the principal legal tools for this purpose in Iranian law is the preservation of evidence, regulated under Articles 149–154 of the Code of Civil Procedure. This mechanism empowers individuals to request the intervention of judicial authorities in order to safeguard evidence that may later serve to establish their claims.







This article explores the objectives of preservation of evidence, the procedural framework governing its application, the duty of courts to maintain impartiality while ordering such measures, the competent jurisdiction and timing of requests, and the legal effects and evidentiary weight of preserved material. Given that the Iranian institution of preservation of evidence was inspired by French law, the study also provides comparative references to the French legal system, highlighting similarities and divergences where relevant.

Keywords

preservation of evidence
procedure for preservation of evidence
effects of preservation of evidence
consequences of preservation of evidence-
sunctions for non compliance with the conditions of the request

Subjects

Comparative Civil Procedure
Volume 1, Issue 1
September 2025

  • Receive Date 04 July 2025
  • Revise Date 06 October 2025
  • Accept Date 11 October 2025
  • Publish Date 23 August 2025

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