نوع مقاله : مقاله پژوهشی
1 استادیار گروه حقوق خصوصی، دانشگاه آزاد اسلامی واحد میبد، میبد، ایران
2 دانشجوی دکتری حقوق خصوصی، دانشگاه آزاد اسلامی واحد میبد، میبد، ایران (نویسنده مسئول)
عنوان مقاله [English]
In the case of litigation, some issues have a special complexity that requires the necessary expertise to identify them, and by applying technical and specialized information, the truth of the issue becomes clear. It is necessary to refer to experts and experts to conduct investigations and discover the truth in traffic and judicial issues and the validity of their reports, so that today, with the advancement of technology and specialization of affairs and techniques, more than one expert opinion in matters. Prerequisite is required and one of the desired emirates that is knowledgeable for a judge is expert theory, and this specialized science can guide the judge in reaching the truth. In litigation, expert opinion has become extremely important, to the extent that few cases can be found that do not require referral to an expert. Therefore, the correct knowledge of the issues related to the validity of the expert opinion has an effective role in the administration of justice. In French law, an expert is ordered only when it is not sufficient to examine the matter in consultation with the judge, and only one person can be appointed as an expert, unless the judge deems it necessary to use several persons to do so. Therefore, considering the specialization of many matters in judicial opinions and the expertise of many issues raised in lawsuits, the position of the expert and expert opinion of each case is very important due to the lack of coverage of the judge issuing the verdict on the chapters of specialized sciences. Accordingly, in this article, the value and validity of expert theory in Iranian and French law are comparatively examined.