نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه حقوق خصوصی، دانشگاه ابنسینا، کابل، افغانستان.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Testimony is one of the Evidence in substantiation of claims, and it consists of a person announcing the occurrence of something in favor of one of the litigants and against the other. This article examines the power and evidential value of testimony and also evaluates the possibility or impossibility of conflict between testimonies. For this reason, he first examined the conditions of the realization of the conflict between the proofs of the lawsuit and concluded that four conditions are necessary for the realization of the conflict: the existence of at least two reasons, the incompatibility of the two reasons, the unity of the subject and the probative power of the evidence are necessary at the same time. Then he evaluates the possibility or impossibility of realizing the conflict between the testimonies based on the above four conditions and comes to the conclusion that there is a possibility of realizing the conflict between the testimonies; But with the explanation that in direct testimony, it is evaluated by the judge, who, according to the evidence and preferences, recognizes the superior testimony and prioritizes it over the other. In case of non-existence of preferred, certificates will be lost. In case of conflict between direct and indirect testimony, direct testimony should always be given priority.
کلیدواژهها [English]
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