The proving freedom principle of trading with comparative study in France trading law and its critic

Abstract:<br>More attention to the social justice and uncover the truth, influenced on the rules of evidence and has created the<br>principle of the persuasion of proof as well as the social order and the importance of reasonable dispute settlement<br>have created the principle of legality of evidence in the common law; but in the commercial law of France, the<br>necessity of speed and reliability in business affairs, has provided the principle of freedom of proof as the minimum<br>effect (the removal of the restrictions of evidence by the court) and the maximum effect (equivalent to the principle<br>of the persuasion of proof ); the application of this principle has the two main requirements: 1) the disputes will be<br>business affairs, 2) 2-the reason for proving will be used against the merchant; This principle has as well as the<br>exceptions that the French legal thought will be criticized in the expression of exceptions. This principle has some<br>effects that the main effect is the removal of restrictions on admission of evidence in the field of the commercial<br>law; the status of this principle in the Iranian law has been some ambiguity in order to the historically and require to<br>the historical survey as well as the is seemly the despite the principle will be considered in the new draft Law of<br>trade of Iran and the draft of commercial of criminal procedure Act of Iran.<br>Keywords: evidence, proof system, Freedom of proof, Iranian trade Law, Iranian business law, French business law