Volume 24, Issue 3 (2020)                   CLR 2020, 24(3): 65-88 | Back to browse issues page

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dibafar S, Shahbazinia M, Nahreini F. The Law Governing Evidence in the International Private Law “The study of comparative in Iran and England’s Law”. CLR 2020; 24 (3) :65-88
URL: http://clr.modares.ac.ir/article-20-34586-en.html
1- PhD Student in Private Law, Islamic Azad University, North Tehran Branch, Tehran, Iran
2- Associate Professor of private law, faculty of law, University of Tarbiat Modares, Tehran, Iran , Shahbazinia@modares.ac.ir
3- Associate Professor, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
Abstract:   (2053 Views)
In the field of private international law, one of the most important issues in litigation is the determination of the law governing the evidence of a lawsuit. At first glance, it may seem that the issues of proof are closely related to the realm of formal law As a result, it is subject to the conflict resolution rule mentioned in Article 971 of the Civil Code, which is based on the principle of independence and national sovereignty of countries and is exclusively governed by the formal law of the seat of the court. However, the rules related to the evidence of litigation have a dual nature (both formal and substantive) and have an obligatory and optional nature. As a result, the law governing them will be different. The purpose of this article is to examine the determination of the law governing the evidence of international claims. In describing the nature of the rules of evidence, courts should consider whether the application of a rule of evidence affects their substantive decision or the regulation of litigation. If the said rule is described as substantive, it is subject to the foreign law governing the subject matter of the dispute, Unless, the subject matter of the dispute is related to the public order of the court. In this case, the law of the seat of the court takes precedence over the application of foreign law. The principle of freedom of will of the parties is to some extent effective in determining the law governing the substantive rules of evidence.
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Article Type: Original Research | Subject: Comparative Law
Received: 2019/07/7 | Accepted: 2020/10/18 | Published: 2021/02/19

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