How Evidence Are Formed to Prove Claims?

In the Civil Code¡ evidence have been considered as proofs for claims; evidence have been classified under two titles: “legal circumstantial evidence” and “circumstantial evidence left to the view of the judge”. In spite of their simple appearance¡ there are many factors involved in forming them and the effects of these factors on legal circumstantial evidence and circumstantial evidence left to the view of the judge are¡ to a great extent¡ different. There are various discussions dispersed in legal books under nature¡ foundation¡ and origin of evidence. The present article tries to organize these discussion under the title “how evidence are formed to prove claims” so that it may be found that how evidence (whether legal circumstantial evidence or circumstantial evidence left to the view of the judge) appear to prove claims. Prevalence¡ convention¡ and the permit issued by the legislator are factors playing role in the origination of evidence to prove claims. Factors forming legal circumstantial evidence are as follows: prevalence and the permit issued by the legislator; while the elements of circumstantial evidence left to the view of the judge are context or the situation of a particular claim and inference made by the judge. When each of the two types of evidence is applied¡ two inductive and deductive methods are combined.