عنوان مقاله [English]
نویسندگان [English]چکیده [English]
Not well distinguishing between question fact and question of law, by lawyers, experts and judges produces unfavorable consequences on civil procedural system, from which substantially, our current judicial system suffers. Our judges don't know well their duty to the wrong qualifications made in the pleas; Solely being damages, the subject of plea, they rapidly assign the whole case to the expert; In giving judgment ,they overlook the facts given by the parties. However, overdoing at contract construction and evidence assessment by the supreme court, judges inaction in matters of law, giving opinion into legal matters by experts, neglecting the Res Judicata (la chose jugée) and etc, are our current judicial problems which in this article are to be solved according to a correct distinction of question of law and question of fact.