Volume 2, Issue 1 (7-2020)
مطالعات فقه و حقوق رسانه 2020, 2(1): 79-112 |
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The Role of Electronic Evidence in Family Lawsuits. مطالعات فقه و حقوق رسانه 2020; 2 (1) :79-112
URL: http://journal.refah.ac.ir/article-1-36-en.html
URL: http://journal.refah.ac.ir/article-1-36-en.html
Abstract: (278 Views)
The valuable position of the family as the most important social institution has always been a subject of attention and debate. One of the most important topics discussed in family law is family-related lawsuits. In Iranian law, these lawsuits are of special importance and sensitivity, and their resolution requires specific courts and procedural rules. To file a lawsuit and prove all types of criminal and civil claims, sufficient evidentiary reasons must be presented to the competent judicial authority. The issue of proving claims has been a significant part of jurisprudential and legal writings and holds an important position in substantive law. The evidentiary reasons for claims in Iranian law have been enumerated in Article 1258 of the Civil Code and include expert testimony, site inspection, and local investigations. With the advancement of science and the introduction of new tools and productions, the emergence of new information and communication methods has created new types of evidence with different characteristics, known as electronic evidence. This article examines the concept of electronic evidence, its differences from message data, its types, elements, importance, advantages, evidentiary value, and differences from traditional evidence. Finally, it explores the conflicts between this type of evidence and other evidence in family lawsuits.
Keywords: Family Lawsuits, Electronic Evidence, Message Data, Evidentiary Reasons for Claims, Electronic Credibility.
Type of Study: Research |
Subject:
General
Received: 2020/04/5 | Accepted: 2020/06/20 | Published: 2020/07/5
Received: 2020/04/5 | Accepted: 2020/06/20 | Published: 2020/07/5
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