QUESTIONS OF FACT IN IRANIAN AND FRENCH LAWS: A COMPARATIVE ANALYSIS

Abstract

Thera are a plethora of principles governing in civil proceedings, one of which is the “The Principle of Initiative of The Parties in Civil Proceedings”, known in French as “Principe Dispositif.” According to this principle, the leading role in civil proceedings is the will of the parties to the dispute, a will that can shape, perpetuate or change the course of the proceedings at will or even abruptly end it without reaching a conclusion. This role of the litigants is not contrary to the principle of independence of action and freedom of the judge in evaluating the fact presented by the parties, However, in applying this principle, the judge also faces limitations and powers. The purpose of this article was to acquaint the audience with the limits and applications of this principle in Iranian law and to present a comparative study.