Culmination of Law

Culmination of Law

Investigate ambiguities Public Nongovernmental Organizations of exemptions from paying costs of litigation with emphasis on Imam Khomeini's relief committee

Document Type : Original Article

Authors
Fardin Moradkhani 1
Parisa Sheikhi 2
1 Assistant Professor, Department of Public Law, Faculty of Literature and Humanities, Bu Ali Sina University, Hamadan, Hamadan, Iran
2 PhD Student in Public Law, Islamic Azad University, Semnan Branch, Semnan, Iran
10.22034/thdad.2019.241610
Abstract
The cost of civil litigation is required to be paid by the claimant, the method of payment of which is determined by law. Notwithstanding the provision of such a requirement in Iranian law, such as Article 529 of the Code of Civil Procedure, Some Public Non-Governmental Organizations institutions such as Imam Khomeini Relief Committee under Section One of the Law on the Use of Certain Devices in the Judicial Authorities of 1995, exempt from payment of civil litigation. Given the many differences of opinion regarding the creation of such exemptions in this study, we try to answer this question by descriptive-analytical method; What are the ambiguities regarding the exemption of the Relief Committee as a part of public non-governmental organizations from paying court fees in the Iranian legislative system? The findings of this study indicate that in the Iranian legislative system, any proceedings require the payment of costs. However, it can be acknowledged that the creation of some legal gaps, such as the lack of a clear demarcation line between non-governmental organizations and institutions that are part of the government, has led to ambiguities regarding the inclusion or non-inclusion of relevant laws on these institutions.
Keywords
costs of litigation
Exemption from costs of litigation
Public Nongovernmental Organizations
Relief Committee. Civil proceedings
Culmination of Law
Volume 5, Issue 3
Autumn 2019
Pages 88-115