1
Assistant Professor at Shiraz University, Law and Political Sciences Department
2
PhD Candidate at Shiraz University
Abstract
Expertise in Iran’s civil procedure rules is regarded one of the evidences and is uses when a contentious fact has some technical and specialized aspects. Court's decision in these cases is based on expert's opinion. The influence of expert’s opinion on parties' very entitlement or its scope encourages them to raise objection. The large number of references to expertise and repeated objections from both parties, which result in referring the issue to experts committees, is one of the main factors of procedure elongation. Both parties regard making objection as their right and expect a new committee of experts be set up with every objection. Although ambiguous expression of legislator about giving opportunity for objection can be deemed as giving absolute right for objection to parties, but referring the issue to experts committee is only necessary where the court deem the objection to expert’s opinion acceptable and demonstrated. The legislature has also welcomed this approach in recent laws.
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