تعارض سند با شهادت در حقوق ايران با مطالعه تطبيقي حقوق مصر و انگليس

The Conflict Between Document and Testimony in Iranian Law As Compared with that of in Shiie jurisprudence Egypt and England

The document can be regarded as the most important and common evidence of partiesʹ allegations in civil actions and non-criminal affairs. The document presented as evidence may, in some circumstances, conflict with other evidences available at the proceedings including testimony. In this case the court must, according to the case, prefer the document or the competing evidence from among the two conflicting evidences and judge on its basis. The ruling on the conflict between deed or authorized document and testimony had been specified in article 1309 of Civil Code. But Council of Guardians declared this article contrary to Islamic Jurisprudence and in fact nullified it, while the generally logical assurance arisen out of deed or authorized document is stronger than the assurance originating from testimony and consequently it seems preferable to consider deed or authorized document prevailing over testimony in the case of conflict between these evidences. Because occurrence of mistake and forgetfulness is potentially possible in testimony while there is no such possibility in deed or authorized document.