نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار گروه حقوق خصوصی، دانشکده حقوق و علوم سیاسی، دانشگاه شیراز، شیراز، ایران
2 دانشجوی دکتری حقوق خصوصی، دانشکده حقوق و علوم سیاسی، دانشگاه شیراز، شیراز، ایران
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
According to Article 34 of the Constitution, litigation is an inalienable right of every individual, and all members of the nation can go to court. However, the application of the right to sue as an inalienable right has conditions and formalities, and it is possible to refer to the judiciary if its conditions and formalities have been fulfilled. On the other hand, according to the Code of Civil Procedure of the General and Revolutionary Courts in Civil Matters, this authority is intended to respond to the nature of the dispute in the same way and if the objection is received, the court will reject it. To file a lawsuit, however, this does not mean that if the defendant does not attack and there are objections and obstacles in the lawsuit, the court will not pay attention to the objections and obstacles and will continue the judicial proceedings. Looking at the general provisions of the Code of Civil Procedure, it can be seen that the legislator was not indifferent to this issue, but in Article 2 of it, by enacting a general rule, obliged the courts to hear lawsuits filed by the beneficiary in accordance with the law.
کلیدواژه‌ها [English]
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