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

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