Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

The Legitimacy Status of Electronic Evidences as Proof of Claim in Jurisprudence

Document Type : research

Authors
Hamidreza Ahmadi lashaki 1
Hamid Abhari 2
Abbas Moghaddari Amiri 3
1 Doctoral student of Law Department, Islamic Azad University, Sari branch, Sari, Iran.
2 Professor, Private Law Group, Faculty of Law and Political Science of University of Mazandaran, Mazandaran, Iran
3 Assistant Professor, Department of Private Law, Joibar Branch, Islamic Azad University, Joibar, Iran.
10.22034/ejs.2024.434080.1655
Abstract
Background and Aims: The development of science and technology have undeniable effects in areas of jurisdiction, proof of claim and crimes like other areas especially in legal systems. By considering the examples of evidence it is possible to obtain the Criteria of falsification, validity affirmation from the field of law and by generalising these criteria and based on the complexity of claims in the line with the social necessity and civility, it will be possible to identify and confirme other examples of evidence.
Method and Materials: The present study is descriptive_ analytical.
Ethical Consideration: In writing present paper, the principles of text origionality, honesty and trustworthiness have been observed.
Findings: Iran's laws have recognized electronic evidence by referring to the Electronic Commerce Law and the regulations on the citation of electronic evidence and have considered it as one of the evidences to prove the lawsuit.
Conclusion: According to the sayings of the jurists, it should be said that electronic written documents are considered as one of the proofs of the lawsuit, both independently and as an effective evidence in the knowledge of the judge, which can be relied upon to prove the claim in the judicial courts skip.
Keywords
written documents
judge's science
proof of litigation
jurisprudence
judicial opinions
Subjects
Strategic Studies of Jurisprudence and Law
Volume 6, special issue
Studies of economic jurisprudence
Summer 2024
Pages 345-362