Volume 1, Issue 1 (7-2019)
مطالعات فقه و حقوق رسانه 2019, 1(1): 51-74 |
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Validity of Electronic Documents as Evidence to Prove in Couples’ Claims. مطالعات فقه و حقوق رسانه 2019; 1 (1) :51-74
URL: http://journal.refah.ac.ir/article-1-23-en.html
URL: http://journal.refah.ac.ir/article-1-23-en.html
Abstract: (493 Views)
The civil law in Article 1258, has listed written documents as one of evidence in substantiation of claims and also in Article 1284, the document has been limited to "writing". On the other hand, the continuous use of these types of tools has caused the legislator to take an important step in creating relations and communication through this category of tools by emerging the Iran Electronic Commerce Law. But in many cases, this law has remained silent. One of the existing gaps is silence in the family domain. In previous studies, the use of modern tools in criminal and civil lawsuits has been discussed. The main focus of this research is on the status of using modern tools from a legal point of view as evidence in claims substantiation of the couples’ claims. This study presented that the validity and legal validity of modern tools compared to traditional documents in legal courts and explained the ability to cite to them(message, email, video, recorded voice, screenshot, etc.). this study concluded that electronic documents can perform much better and more efficiently than traditional documents. The judicial decisions which are used by judge in family Case shows that they have cited these tools as valid documents and solid proofs in the couples’ claim.
Keywords: modern documents, Electronic and digital, couples’ claims, evidence to prove, The science of the judge.
Type of Study: Research |
Subject:
General
Received: 2019/04/4 | Accepted: 2019/05/1 | Published: 2019/04/30
Received: 2019/04/4 | Accepted: 2019/05/1 | Published: 2019/04/30
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