نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه حقوق خصوصی، دانشکدة حقوق، دانشگاه قم
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
In the Civil Procedure Act, Local Inquiry is explained in a chapter separate from Testimony, but for similarity of these two proofs, connection of them and criterion of separating them is disputable. In this article, we will study in one portion the role of Witness and Testimony conditions and in other portion, the role of number, sexuality, locality and ceremonies in separating of these proofs, and conclude; some of Testimony elements, like; to be based on certitude resulting from felt perception and necessity of intention of participating to proving of reality, on the one hand and the tie of local of action in Local Inquiry on the other hand, are factors that have the main role in separating these two proofs. But, in some instances, satisfy the titles of these two proofs and these proofs have common realm in addition to their allocated realms.
کلیدواژهها [English]
