local inquiry with mutual consent of parties to an action on well-informed persons (analysis of article 253 c.p.c.)

نویسندگان

مهدی حسن زاده

دانشیار گروه حقوق خصوصی دانشکدۀ حقوق دانشگاه قم

چکیده

in article 253 c.p.c., it has announced that parties to an action can introduce persons for acquisition information and consent on what they state. consent, subject of this article, needs to be studied and investigated in respect of subject, form, nature, validity and effect. so, similarities and differences between local inquiries should be distinct. local inquiry is not accompanied with such consent. in this investigation, we want to prove that consent that is subject of mentioned article is previous announcement of acceptance of parties to what well-informed persons state which is done in writing or oral and without making nature other than local inquiry for inquiry. it can provide ground of next admission of parties to a case or be effective in evaluation of local inquiry as judicial presumption by judge.

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