Fiqhi and Legal Effects of the Defendant OathReza Khan Ahmadi
According to narrations, consensus of foqaha and legal texts, the oath of the defendant in court, if done with the request of the plaintiff and the permission of the judge, as long as it has not been refuted by the defendant or the judge, has external and internal effects such as the peremptory termination of the plaintiff's action, extinction of the right of retribution, the extinction of the right of demand, and so on. Of course, these effects appear when the oath is true and enjoys all the requirements, but the false oath, in addition to the afterlife punishment and legal punishment for the oath, does not create any change in the fact and the position of proof, and the defendant is still under an obligation and indebted and obliged to pay the debt, and the property is in possession of the right holder. There are four possibilities proposed as to whether the main cause is the oath itself, the permission or ruling of the judge; the strongest of these is the probability based on which, effects are the judged property that is issued on the basis of the oath, or in other words, an oath can be effective that the rule of judge as a concurrent condition goes with it.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.