Comparative analysis of the legal system governing the regulation of judicial expert  in civil and common law

Kabgani, Mohammad Hassan; Rostami, Vali; Mirzadeh Koohshahi, Nader

doi:10.48300/jlr.2025.537177.2999

Comparative analysis of the legal system governing the regulation of judicial expert in civil and common law

Articles in Press

Document Type : Original Article

Authors

Mohammad hassan Kabgani ¹

Vali Rostami ²

Nader Mirzadeh Koohshahi ²

¹ PhD student in Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.

² Professor, Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.

10.48300/jlr.2025.537177.2999

Abstract

In all countries the need of legal experts is accepted. Countries have passed specific laws in this field. This research, with analytical-descriptive method, seeks to find the answer of how the judicial experts system is regulated in the Roman and Common law legal systems? Comparative studies shows that the median line of the judicial experts system in the world is the traditions accepted in the two great Roman and Common Law. In this research, we are trying to analyze the judicial experts in these two legal system and then analyzing them. In the Roman law the expert is considered as the judge's assistant, and all aspects of judicial experts are regulated in the most extensive form by the state. The existence of a specific list of experts and the role of judges in referring to experts can be considered the most important components of the expert system in these countries. In contrast, in the common law system, according to the tradition of the sitting judge, regulation is done in a minimal way. Respecting the comparative findings, the judicial expert system in Iran is facing a duality. Theoroticaly like Common law, but the relevant laws indicate the acceptance of Roman traditions.

Keywords

Regulatory

Roman law

Expert witness

Court appointed expert

Common Law