Procedure & Regularity for Accuracy, True Dispute Resolution and Happiness

Investigative measures constitute a beneficial and effective mechanism that (With reference to Judgment No. 9509970909100461 dated 06/09/1395 [November 26, 2016] of Branch 3 of the Supreme Court)

Document Type : Original Article

Author

Retired judge of Supreme Court PhD in Private Law

Abstract
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,

Keywords

Subjects

Volume 2, Special Number
Commemorative Volume Honoring His Excellency The Judge Hassan Ghaffarpour Maraghi President of 3rd Branch of the Supreme Court, Iran
2026

  • Receive Date 26 September 2026
  • Publish Date 23 October 2026