به آیینی و به سامانی:
درستی - سازش - شادی
نوع مقاله : مقاله پژوهشی
نویسنده
دانشجوی دکتری حقوق خصوصی، دانشگاه تهران، تهران، ایران پردیس بین المللی کیش
کلیدواژهها
عنوان مقاله English
نویسنده English
Judgment No. 9509970909100539, dated 25 January 2017 and rendered by the Third Chamber of the Supreme Court of Iran, concerns the establishment of a deceased person’s legal incapacity and the evidentiary value of medical records, witness testimony, and circumstances arising from his transactions. The claimant sought to establish the incapacity of his predecessor in title during the years preceding his death in 2009. The Supreme Court, finding the investigation incomplete, required further examination of medical records and local evidence. Although the Forensic Medicine Commission could not reach a definitive conclusion regarding the deceased’s mental condition due to the lack of reliable medical records, local inquiries and witness testimony largely supported his mental soundness and continued financial activity. The Supreme Court ultimately upheld the appellate judgment.
This article examines the judgment with regard to the adjudication of a deceased person’s incapacity, the distinction between insanity and lack of maturity, the burden of proof, the presumption of legal capacity, the role of medical evidence, and the court’s duty to ascertain the truth. It concludes that forensic medical opinion, despite its specialist importance, must be assessed alongside other evidence in determining the deceased’s legal capacity during his lifetime.
کلیدواژهها English
