The Positive Nature of Data Messages as a Litigation’s Evidence

Document Type : Original Article

Authors

1 Assistant Professor at Tehran University

2 Student of Tehran University of Science and Culture

10.22034/jlr.2020.151644.1255

Abstract

Today, one of the most commonly reason uses in the claims, is electronic evidence. Due to being new this form of reasons, comes to mind the question that whether these types of reasons are new, or the template and form for the reasons proof of existence (in Article 1285 of Civil Law). If you choose the second assumption, again this question arises that this type of electronic message used in the claim, the form and template what type reason (whether it is a circumstantial evidence or a document and so on) is. By investigating in the legal texts and examining the types of data messages, it can be argued that electronic reasons are essentially as a template and form of the reasons proof of existence that can be regarded as a document or a circumstantial evidence unless in particular non-documentary reliable data messages (such as recorded sound in a black box of aircraft) that are not in template of the reasons proof of existence. That is, the new reason with its own specific proof burden, while not considered as a document, because of a reliable electronic record is not doubtful and undeniable.

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History

  • Receive Date: 23 October 2018
  • Revise Date: 19 June 2019
  • Accept Date: 01 November 2020

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