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

Ten Manifestations of the Application of Article 199 of the Civil Procedure Code in Judgments by Branch 3 of the Supreme Court

Document Type : Original Article

Author

Hassan Mohseni

Professor of Civil & Commercial Law, Private &. Islamic Law Department, Faculty of Law and Political Sciences University of Tehran

Abstract
The negative view regarding the court's powers to discover the truth and the facts in civil proceedings must be abandoned in favor of an approach that embraces these powers for the sake of truth and factual accuracy. Today, Article 199 of the Civil Procedure Code has become one of the most significant and effective provisions of the Code for the adjudication and resolution of disputes. This article enables the judge—beyond relying solely on the evidence presented by the parties (who may lack the ability to produce it, the financial means to cover associated costs, or knowledge of the principles of proof)—to avoid being held captive by the parties' requests and arguments, which are often characterized by one-sidedness and concealment. To arrive at the truth—however relative it may be—the court must be empowered to conduct investigations and take proactive measures; failure to do so risks having the judgment overturned upon cassation review.

Keywords

Discovery of truth and facts
Court powers
Evidence relied upon by the parties
Subjects
Comparative Civil Procedure
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 28 September 2026
  • Accept Date 29 September 2026
  • Publish Date 23 October 2026

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