The Official Document and Its Enforcement Power in Terms of Imami Jurisprudence and Iranian Law
Journal: International Journal of Nations Research (Vol.9, No. 97)Publication Date: 2024-03-17
Authors : Sharara Abdulvand;
Page : 31-56
Keywords : Official Document; Iranian Law; Imami Jurisprudence; Power to Execute Official Document; Authenticity of Official Document;
Abstract
In this article, it is tried to identify the factors that affect the authenticity of the official document with the following objectives: determining the validity of the official document determining the authenticity of the official document. The power of executing an official document is very high in terms of Imami jurisprudence and Iranian law. According to the existing laws, the documents that are prepared in the document registration offices or notary offices and marriage and divorce offices are the chapters of the judicial courts and are considered by the judges as a solid and indisputable document. Also, in Imamiyyah jurisprudence, by searching in jurisprudential texts, it can be deduced that in the case of evidence of valid knowledge or suspicion (special suspicion), the document has a special validity and its validity is dependent on the acquisition of valid knowledge or suspicion. In some chapters of jurisprudence such as qadha and testimonies, waqf, transactions, marriage and divorce, the jurists have raised the issue of the validity of documents indirectly and in front of jurisprudence issues. In Iranian law, according to Article (1297) of the Civil Code, an official document is a document that is prepared before an official authority, such as a notary public, and has binding validity. In other words, whenever an official document is presented in court, the court must execute that document and there is no need to prove the authenticity of that document. At the end of the article, these results have been obtained: the official document research is an important and necessary research that can play an important role in solving many legal disputes. This research can help to identify the factors that affect the validity, authenticity and authenticity of the official document. Also, it can play an important role in increasing people's awareness of their rights and duties regarding the official document.
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