به آیینی و به سامانی:
درستی - سازش - شادی
نوع مقاله : مقاله پژوهشی
نویسنده
دانشجوی دکتری حقوق خصوصی دانشگاه تهران پردیس البرز
کلیدواژهها
عنوان مقاله English
نویسنده English
In the sensitive and highly significant case of interdiction , which produces important and irreparable effects on individuals' rights, careful, well-documented, and comprehensive examination is a necessary and unavoidable requirement. Therefore, the court is obligated to make use of the broad powers granted to it under the Non-Contentious Affairs Act to carefully review and evaluate all evidence and documentation in the case file, and to refrain from issuing a hasty ruling. Fulfilling this requirement in practice depends on attention to several components simultaneously: a proper understanding of the particular status and nature of the interdiction case, full recourse to the court's legal powers to ascertain the truth, and reliance on sound and adequately specialized expert opinions rather than settling for ambiguous reports lacking a definitive conclusion . A comparative study with French law reveals that this requirement is recognized in that country as well; the judge's broad discretion to order an investigation, along with the approach taken by French courts in certain rulings—refusing to rely on incomplete medical certificates—attest to this requirement
کلیدواژهها English
