The Examining evidence to prove the claim in the appeals court


  • Bahar Daryan PhD student in private law



Evidence to prove the claim, legal requirements, civil procedure, appeal of claims


As the evidence is of special importance in different courts, including primary, appeals and appeals، the legal requirements governing the evidence in the appeal stage in legal claims is one of the important topics of the appeal, therefore, in this article, which is prepared and arranged in a descriptive and analytical method, the basic question is which legal requirements govern.

The results of the research show that legal laws such as civil procedure have a special order for presenting and proving evidence in the appeal stage. Also, in the appeal stage, the failure to express the reason in the initial stage and the lack of evaluation of the reason in the initial stage should be observed. It is worth it. It should be noted that in the presentation of evidence at the appeal stage, requirements such as the principle of effectiveness, the principle of relevance, the principle of citation and the power of proof must be observed


- Akhundi, Mahmoud, Criminal Procedure Code, second volume, Tehran, Majid Publishing House, 2018.

- Ashuri, Mohammad, Criminal Procedure Code, first volume, Tehran, Samit Publications, 1389.

- Akhtarnia, Jafar, Guide to writing appeals from final judgments, Tehran, publishing houseAva, 1391.

-Eliot, Catherine, French legal system, translated by Safar Beyzadeh, Tehran, Samit publishing house, 2017.

- Porastad, Majid, Principles and Rules of Transnational Civil Procedure, Tehran, Shahrdanesh Publishing House, 2017.

- Pimani, Ziauddin, Judicial arguments in French revolutionary law, first volume, Tehran, Khorrami publishing house, 1365.

-Jafari Langroudi, Mohammad Jafar, Legal Terminology, Tehran, Ganj Danesh Publishing House2013.

- Hali, Abu al-Qasim Najmuddin Jafar bin Al-Hassan, Islamic Laws, Volume 8, Najaf, Al-Adab Publishing House, 1421.

- Hayati, Ali Abbas, Civil Procedure in the Current Legal System, Tehran, Mizan Publishing, 2013.

-Khatibi Qomi, Seyyed Mohsen, A Brief Description of Proofs, Tehran, Sayeh Gostar Publishing,2018.

-Khomeini, Seyyed Ruhollah, Tahrir al-Wasila, second volume, Tehran, Imam Khomeini Editing and Publishing Institute (RA),1379

-Diyani, Abdol Rasul, evidence to prove the case in civil and criminal matters, Tehran, Teaching publication, 2017.110

- Rasouli, Seyyedjavad, The Mythological Religion of Var, History of the Oath in Iran and the World, Tehran, Soroush Publications.1377

-Zarat, Abbas, Civil Procedure Code, Tehran, Phoenix, 1386.

-Seifi, Gholamali and Heydari, Esmat, written confession in legal affairs, Tehran, Jangal Javadaneh publication.1389

- Shams, Abdallah, Civil Procedure, Tehran, Darak Publishing, 2016.

- Shams, Abdallah, Civil Procedure Code, third volume, Tehran, Darak Publishing House, 2014.

-Sadrzadeh Afshar, Seyyed Mohsen, Civil and Commercial Procedures, Tehran, Jihad Alameh University Publication

Tabatabai, 1382.

- Sadrzadeh Afshar, Mohsen, Proofs of Litigation in Iranian Law, Tehran, Academic Publishing Center, 1376.

-Tahari, Mohammad Ali, Determining the Regime of Criminal Reasons in Iran's Judicial System, Tehran, collection of articles in

Tribute to Dr. Ashuri, Tehran, Samit Publishing House, 2013.

-Azimi, Mohammad, evidence to prove the case, Tehran, Nasar Had, 1379.

-Alipour, Masoumeh, Arbitration in Iranian law with a comparative study in French law, Tehran, published

Arshadan, 1400.

- Ghamami, Majid and Mohseni, Hassan, Principles of Transnational Civil Procedure, Tehran, Sohami Publishing Company

Publication, 1390.

- Ghamami, Majid and Mohseni, Hassan, Principles of Transnational Civil Procedure, Tehran, Mizan Publishing, 2016.

- Fahimi, Azizahullah, evidence to prove legal and criminal claims, Tehran, Khorsandi Publishing House, 2013.

- Katouzian, Nasser, proof and reason for proof, first volume, Tehran, Mizan Publishing House, 2018.

- Karimi, Abbas, evidence to prove a lawsuit, Tehran, Mizan publication, 2013.

- Garo, Rene, theoretical and practical studies in criminal law, translated and adapted by Ziauddin Niqabat, the first volume,

Tehran, Ibn Sina Publications, 1374.

- Mohsani, Hassan, Administration of civil proceedings based on cooperation and within the framework of the principles of proceedings,

Tehran, Publishing Co., Ltd., 1389.

- Mohagheg Damad, Sayyed Mostafa, Rules of Jurisprudence, Tehran, Publishing Center of Islamic Sciences, 2018.

- Mardani, Nader and Beheshti, Mohammad Javad, Code of Civil Procedure, the first volume, Tehran, Mizan Publishing House, 2001.

- Moin, Mohammad, Farhang Farsi Moin, Tehran, Amir Kabir Publishing House, 2015.

- Nowroozian, Ghorban, Proofs of Claims in Legal Affairs, Tehran, Tirgan Publishing House,2019.

-Harami, Bahram, Civil Procedure Code, Tehran, Negah Bineh Publishing House, 2009.

- Vaisi Sattari, Faezeh, commentator on civil procedure, Tehran, Farahedf Publishing, 2019.Article

- Majid Pourastadi, Mohammad, Dariani, Reza, additional litigation, legal studies journal, number 10, 2012.

- Porastad, Majid, Origin and Challenge of the Prohibition Rule on Reasoning, Journal of Private Law Studies, no1389, 4112

- Tirafken, Behnam, the procedure of appeal in Iran's legal courts, the article submitted to the first

National Conference on Law, Jurisprudence and Culture, 2019.

Hassanzadeh, Mehdi, Examining the authority of the judge in determining the value of the certificate, Islamic jurisprudence and law journal,1394, 11 no

- Dosti, Maitham and Dehghani, Rooh Allah, Origin and Legitimacy of the Judiciary Emirates, Knowledge and Legal Research Journal1392, 1 issue

- Karimi, Abbas, Interrogation in Civil Laws, Journal of Law and Political Science of Tehran University, Volume 72.1385

- Karimi, Abbas, Logical Explanation of Reason, Faculty of Law and Political Sciences, Tehran University, No. 4,1386

- Kuhshahi, Nader and Razavi, Seyyed Alireza, types of quasi-legal representation institutions (legal representative and

Legal expert, article submitted to the National Conference of Lawyers, Ethics, Jurisprudence and Law, 2013.

- Mohammadi, Pejman, personal limitations of oath in civil lawsuits, private law studies publication,1392, 1 issue

- Moloudi, Additional Lawsuits, Tehran University Journal, No. 58, 1381.

-Mirzaei, Ali Mohammad, Disclosure and presentation of the document in British and Iranian law, Islamic Law Journal, No. 26,1389113

- Nahrini, Fereydoun, exceptional evidence in proving and verifying ownership, Legal Research Journal, No. 41, 1384.

-Yari, Elias and Shahbazi Nia, Morteza, Presenting a new reason in the revision stage of civil lawsuits (a comparative study in Iranian and English law), Comparative Law Research Journal, No. 19, 2014. Thesis, Qom, 2017.

- Khosravi, Amir, Examining the role of the court about evidence in Iran's law courts, bachelor's thesis Arshad, Non-Profit Institute of Higher Education Kar, 2019.

- Aqiqi, Mohammad Reza, Validity of Judge's Knowledge in Proving Lawsuits, Doctoral Dissertation, University of Tehran, 1381.

- Hashemi, Seyyed Ali, comparison of appeals, appeals and retrials In civil procedure, masters thesis, Qom University, 2013

- Ladd v Marshall, 1959, Available at www. uk. practical law. com/D- 001-0760.

- Dbami v LIoyds TSG General Insurance Ltd 2009, EWCA, Available at:www. casecheck. co. uk/CaseLaw. asp?EntryID=15744(l.

- Braddock v Tillotson’s Newspaper 1950, Available at www.

- Meek v Fleming, 1967, Available at: www. judicialcollege. Vic. edu. au/.../27550.

- Taylor v Lawrence, 2002, Available at: www. bailli. org/new/cases /EWCA/... /90. Ht.

- The Amptbill peerage, 1977, Available at www. publications.…/inred..

Loughin, Paula, Gerlis, Stephen, Civil Procedure, Cavendish Publishing,Second edition, 2004.



How to Cite

Daryan , B. (2024). The Examining evidence to prove the claim in the appeals court. International Journal of Advanced Research in Humanities and Law, 1(2), 25–37.