Culmination of Law

Culmination of Law

The nature of the judicial relationship and its effect on the territory of restoration

Document Type : Original Article

Authors
1 Doctoral student of private law at Allameh Tabatabai University
2 Associate Professor of Private law Department of Private Law, Faculty of Law and Political Sciences Allameh Tabataba'i University
Abstract
Restoring the former status, which is implemented as a result of the invalidity of judicial rulings, is one of the judicial processes, which can have different effects from the contractual and legal aspects of the nature of the judicial relationship. The nature of the judicial relationship from two contractual and legal points of view is one of the topics that have always been the focus of legal scholars and lawyers throughout the history of the evolution of the concepts and principles of civil proceedings. Some believe that civil proceedings are private, relying on the features included in private law, including the contractual nature of the rights and duties of the parties and its applicability to the subject of civil proceedings. Therefore, from this point of view, the issue of restoration to the previous situation should be considered as one of the pillars of the contract, for example, cancellation, rescission or rescission. On the other hand, some people deny the contractual nature of the proceedings, believing that the settlement of disputes between persons under the rules of civil procedure is a sovereign practice and the rights and duties of the litigants are rooted in the principles and procedures contained in the rules and regulations of the proceedings. they give.
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Articles in Press, Accepted Manuscript
Available Online from 15 February 2023