Explaining the geographical dimensions of the influence of the sovereignty of the will in the monopoly of the proofs of the claim

Authors

1 PhD student in private law, Khorramabad Branch, Islamic Azad University, Khorramabad, Iran.

2 Assistant Professor, Department of Law, Khorramabad Branch, Islamic Azad University, Khorramabad, Iran.

3 Assistant Professor of Private Law, Khorramabad Branch, Islamic Azad University, Khorramabad, Iran.

10.22034/jgeoq.2023.325794.3531

Abstract

The influence of the sovereignty of the will of the litigants on the one hand and the authority of the judge on the other hand has many effects on the proceedings in the legal courts. Civil proceedings include different sections and stages; One of the stages of civil proceedings is the stage of evaluation of evidence by the judge. At this stage, the judge deals with the judicial administration of the reasons presented by the litigants. Producing evidence is the right and duty of litigants, and judicial administration of evidence is the authority and duty of the judge. The judge, in the capacity of the evidence department, at the beginning of the formalities of presenting the evidence, then evaluates the quantity and quality of the evidence and their probative power. A significant issue that is raised at this stage of the proceedings is the validity of the agreement on the possibility of proving the claim with the reason agreed by the parties to the lawsuit or the impossibility of proving the claim with the reason that the litigants have agreed on the inability to prove the claim with that reason. In order to find the answer to this problem, it is important to identify the evidence system in civil proceedings, as well as whether the number of evidence is mandatory or optional. The research method in this article is descriptive-analytical and the results of the research are positive that the agreement regarding the exclusivity of evidence in the

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