Investigation and explanation of methods for recognition of plaintiff from repudiator
2014
Jurists have presented many definitions in distinction method of plaintiff from repudiator , but some of these definitions are not consistent with the others in the aspect of evidence so that One of the litigants may be plaintiff based on one the definitions and be repudiator based on the other definitions. It appears that criterion presented by those is weak in explanation of external evidence of plaintiff and repudiator; therefore, it is necessary that a comprehensive definition of plaintiff and defendant be provided. Results of the author’s investigation in this subject shows that among the provided definitions of defendant, conventional recognition method of plaintiff from repudiator is preferred because every dispute has its own special conditions and it is the nature of every dispute which determines who is plaintiff and who is repudiator. Therefore, in order to recognize plaintiff from repudiator one should refers to the convention and after recognition presentation of evidence and evidence for lawsuit is plaintiff’s duty.
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