به آیینی و به سامانی:
درستی - سازش - شادی
نوع مقاله : مقاله پژوهشی
نویسنده
قاضی بازنشسته دیوان عالی کشور دکتری حقوق خصوصی
کلیدواژهها
عنوان مقاله English
نویسنده English
Investigative measures are a useful and effective mechanism that, along with the reasons for proving the claim and defense, provides a clear perspective to the judge and helps him to access the facts and truths surrounding the subject of the dispute. Inspired by foreign procedural and procedural regulations, especially the French Code of Civil Procedure and Chapter Five of Chapter Seven of the CPC and NCPC (Articles 232 and following), our legislator identified this useful institution and reflected the regulations surrounding it in Chapter Ten of the Code of Civil Procedure. The importance of investigative measures is especially evident when the dispute is not worthy of formal objections and deficiencies and the court judge seeks to enter the essence of the dispute and seeks to lay the groundwork for making a substantive and final decision. Except where the defendant unquestionably accepts the plaintiff's claim or the request does not require judicial questioning and search due to strong evidence, this decision has double value in the capacity of appellate review and by the judges of the Supreme Court. Using the essence of experience and deep thinking, they understand the hidden aspects of the dispute and the shortcomings of the proceedings,
کلیدواژهها English
