Withdrawing the Testimony, the Conditions and its Effects in Judicial Decisions

Subject Areas :

houshang golmohammadi ¹ , Asghar Arabian ²

1 - دانشجوی دکترای گروه فقه و مبانی حقوق اسلامی دانشگاه آزاد اسلامی واحد علوم و تحقیقات تهران، ایران.
2 - Associate Professor of Law and Islamic Law, Islamic Azad University, Tehran, Iran

Received: 2018-10-07 Accepted : 2019-01-25 Published : 2019-02-20

Keywords: Testimony, Witnesses, Withdrawing the testimony, evidences, breaching,

Abstract :

Testimony is not only one of the evidences in substantiation of claims in jurisprudence and civil law sources but also is the most important one from the high number of referring to it in the claims. With regard to the importance and its status in judicial proceedings and dependence of the judges in issuing the decisions in this religious and legal evidence, withdrawing the testimony also will possess a high importance. One the important issues in the validity of the testimony as an evidence is the study of the legal effects of withdrawing the witnesses or one of them from their testimony, which can be imagined in different forms in the proceeding stages of a claim and it will have different results.. The most important difference is between the stage that the decision has been issued and not enforced and the stage that no decision has been issued. And also up to the time that the decision has not been enforced, the people in favor of breaching the decision after issuing and before the enforcing the decision have great differences with the people in favor of not breaching the decision (in civil case) and they both believe in not executing the decisions which can‘t be made up in this stage and each of the proponents of these views resort to the argumentative reasons.