%0 Journal Article
%T The Nature and Credibility of Advisory Opinion in Estimating Each Party’s Fault ‎Amount in Civil Liabilities
%A Mohammad ADIBY MEHR
%A Hosein MOHAMMADI BONCHENARI‎‏‏‎
%A Ali JAFARI‎
%A Mohammad Rasool AHANGARAN
%A Seyyed Abdorrahim HOSSEINI
%J Journal of Organizational Behavior Research
%@ 2528-9705
%D 2020
%V 5
%N 2
%P 208-216
%X Though having been accepted, the formal documents presented in Iran’s civil law, like ‎a confession, testimony, and oath, feature limitations, especially now that they cannot be ‎expected in the specialized, technical, and complicated issues to remain accountable to ‎all aspects of a legal matter. In the lawsuits filed for demanding of loss compensation ‎and in civil liability cases, the judges issue a writ of advisory opinion and refer the ‎case to the experts of each specialized field for the recognition of the issue, calculation ‎, and estimation of the guilt rate of each party (liable and loss-incurred). The experts ‎investigate the case and determine the amount and percentage of each party’s fault. As ‎for the nature of advisory opinion, there are discrepancies. A group of jurisprudents ‎realize advisory opinion as being of a testimonial nature and believe that the testimony ‎conditions, i.e. numerosity and justice, should be existent for the advisory ‎notion to be valid whereas another group underlines its independent nature and finds ‎certainty sufficient for the validity of the advisory notion. In the judicial procedure, the ‎advisory notion is considered valid to the extent that the amount of compensation ‎payable by the liable party is specified based thereon hence the expert’s idea can be ‎enumerated amongst the other proofs of claim justification as an independent ‎justificatory proof and it might be even considered superior thereto. The present study ‎made use of an analytical-descriptive method to evaluate and analyze the nature and ‎validity of the advisory note against the other proofs of claim justification. 
%U https://odad.org/article/the-nature-and-credibility-of-advisory-opinion-in-estimating-each-partys-fault-amount-in-civil-liabilities