نوع مقاله : علمی- پژوهشی
نویسنده
دانشآموخته کارشناسی ارشد حقوق خصوصی، دانشکده حقوق و علوم سیاسی، دانشگاه علامه طباطبایی، تهران، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
According to legal writer's ideas, following France law, in terms of composition confession is divided into three categories; simple confession, bound confession and partial confession. While according to research that has been done according to in terms of composition, following jurisprudence, confession is divided into two categories; simple confession and partial confession and also partial confession is divided into two categories qualified confession and bound confession. According to the previous researches, Article 1282 of the Civil Code refers to the indivisibility of the confession and Article 1283 of the Civil Code refers to the divisibility of the partial confession; While according to the research that has been done, Article 1282 of the Civil Code refers to the principle of indivisibility of partial confession, and Article 1283 of the Civil Code is an exception to this principle and refers to the divisibility of partial confession including qualified confession and bound confession that it’s elements disagree together in terms of adjudication conviction versus confessor or acquittal for confessor. With the recent interpretation of Articles 1282 and 1283 of the Civil Code, the principle of the indivisibility of confession crystallizes better; While, if the interpretation obtained from previous researches is followed, because mentioned confession in article 1283 of the civil code wont have exceptional face and this article will be related to partial confession that that is divisible basically, the principle of indivisibility of the confession is not obtained from the civil code articles.
کلیدواژهها [English]
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