ELUCIDATION AND ANALYSIS OF THE ISSUE OF CHALLENGING THE AUTHENTICITY OF DOCUMENTS

Abstract

The purpose of the present study is to explain and analyze the issue of document authenticity. The research method is descriptive-analytical and uses library resources. In examining the legal bases for challenging the authenticity of documents, it was found that the Civil Code and the Civil Procedure Code of Iran have established a relatively clear framework for the validity of documents and for handling objections to them. According to these regulations, a document, as a writing that can be relied on as proof in a lawsuit, is valid if its attribution to the issuer is proven. The principle of authenticity of documents, especially in the case of official documents, is one of the important principles that causes courts to assume the presented documents to be valid initially; however, the possibility of objecting to the authenticity of these documents through tools such as denial, doubt, and allegations of forgery has been provided to prevent injustice. During this study, it became clear that there are significant differences in substance and form between the types of objections to the authenticity of documents. Denial is usually raised when a person does not accept a document bearing his name and claims that the signature or writing does not belong to him. The results showed that the timing and manner of objecting to the authenticity of a document are very important in the trial. The Civil Procedure Code stipulates that these objections must be raised at the earliest possible opportunity. Another important finding of the research was the examination of the effects of accepting or rejecting an objection to a document's authenticity in the judicial process. If the court finds the objection to the authenticity of a document to be valid, the document in question is excluded from the list of evidence. It cannot be used as the basis for issuing a verdict.