Analysis of the elements of Becoming of the judicial Presumption and its relationship with other evidences

Document Type : Original Article


Associate professor of Private Law, Law Faculty, University of Qom, Qom, Iran



In the analysis of the civil law definition of judicial presumption (Articles 1322 and 1324), factors such as; the meaning of the circumstances, the simple or compound nature and the role of the judge's opinion should be examined. This review and analysis is necessary to understand the nature of judicial presumption in our laws. In addition, comparing the judicial presumption with other evidences to prove claims can be useful in further identifying this evidence. In this research, while expressing opinions about these cases, the issue has been analyzed and investigated. The findings of the research show that the judicial evidence in our laws is one of the evidences to prove claims, which includes everything that guides the judge in reaching the reality of the subject of the lawsuit and that is not prescribed as evidence in the law with a special title. Jurisprudence is a proof that, according to the breadth and variety of examples, has different functions in proving the subject of the lawsuit or in supplementing other proofs.


Main Subjects

Articles in Press, Accepted Manuscript
Available Online from 13 January 2024
  • Receive Date: 02 January 2018
  • Revise Date: 06 December 2023
  • Accept Date: 12 March 2018