Procedure & Regularity for Accuracy, True Dispute Resolution and Happiness

Production of the original document (Review and Critique of Judgment No. 9609970909100218 Dated November 13, 2017, Issued by Branch 3 of the Supreme Court)

Document Type : Original Article

Author

PhD Candidate in Private Law University of Tehran

Abstract
Although, in Chapter Four of the Code of Civil Procedure, concerning the hearing, the legislator has required the parties to produce at the first hearing the originals of the documents , the judge cannot, like a lifeless body, sacrifice that which, in his view, “corresponds” to reality—and which the legislator has expressly recognized in the chapter concerning the examination of evidence and under Article 199 of the aforementioned Code—in favor of the “coherence” governing the relations among words, when seeking to reconcile the foregoing obligation with the discovery of truth.The judge, is the very “consciousness” of the court whose ultimate role is embodied in the form of the judicial decision and, as a socially consequential act, is inscribed upon the summit of society’s movement toward truth.

What binds the judge is not merely the semantic relations among words, nor solely his responsibility toward the parties to the dispute; for the judge is, in reality, the representative of a society in its pursuit of truth. The course he takes, and the initiatives he undertakes with courage and boldness, constitute the manifested, articulated, and written form of a society’s own path toward attaining truth.

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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
  • Revise Date 29 September 2026
  • Accept Date 30 September 2026
  • Publish Date 23 October 2026