نوع مقاله : علمی- پژوهشی
نویسنده
استادیار، گروه حقوق خصوصی، دانشکده حقوق، دانشگاه ابنسینا، کابل، افغانستان.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Confession is one of the most important evidences to prove a lawsuit, and it consists of: a person's admission of a right, for his own benefit and to the detriment of another; Regardless of whether he intended the arrangement of his works to be his responsibility or not. This article examines the nature, power and probative value of the confession and also evaluates the possibility or impossibility of realizing the conflict between the confessions. For this reason, he first examines the conditions of the realization of the conflict and concludes that four conditions are necessary for the realization of the conflict: the existence of at least two reasons, the incompatibility of the two reasons, the unity of the subject and the probative power of the evidence are necessary at the same time. Then, he evaluates the possibility or impossibility of realizing the conflict between the confessions based on the above four conditions and finally comes to the conclusion that due to the lack of the third condition of realizing the conflict (unity of the subject) there is no possibility of realizing the conflict between the confessions of the plaintiff and the defendant. Regarding the conflict between the confessions of two or more defendants, some have considered the solution to resolve the conflict to be falling, some have suggested the solution of "lottery" and others have proposed the solution of bearing half of the responsibility for each of the confessors, and the solution of equal sharing of responsibility seems more justified.
کلیدواژهها [English]
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