عنوان مقاله [English]
نویسنده [English]چکیده [English]
Reason, in legal terms as noted in Article 194 Civil Law, refers to "every type of proof legally presented by the parties at trial (allowed by the judge) which is intended to convince the judge and/or jury of alleged facts material to the case". Though the Civil Law in Iran has dedicated an entire book to the subject of “Evidence”, there could be found no definition for "reason". Regarding the legislative principles, the word "reason" should have been defined since only the procedural rules and the ways of providing reasons in court should be considered in the Civil Law. However, it should be noted that, on "providing reasons" as defined in the Civil Law, all grounds are not regarded as legal reasons but only the ones allowed by the legislator because the legislator accepts certain types as reason. In this context, the word "type" in law means the types allowed by the legislator as reason. Moreover, in some cases, people use evidence that is not considered as proof to convince the judge of facts to the case.
On the other hand, the law requires providing reasons in contracts and transactions such as contracts on the registration of properties in which, according to the law, the registration of documents and registering in Notaries is required (Article 46 Registration Act), though there would be no prediction of dispute.