Culmination of Law

Culmination of Law

Preliminary injuction in admibistrative court of justice and civil courts; procedural and implementation challenges..

Document Type : Original Article

Authors
Nader Asadi Ojagh 1
Mohammad Hasanvand 2
Mohammad Mahdi Shirazi 3
1 PhD student in Public Law, Department of Law, Faculty of Humanities, North Tehran Branch, Islamic Azad University, Tehran, Iran
2 PhD Graduate in Public Law from Shahid Beheshti University, Tehran, Iran
3 Master of Human Rights, Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
10.22034/thdad.2023.562797.2271
Abstract
Abstract
The Preliminary injuction is an urgent proceeding and a precautionary measure and a function of the main lawsuit, which has been recognized in both administrative and civil fields as a guarantee to prevent the possible violation of the rights of the beneficiary or the petitioner. Therefore, in order to identify the shortcomings and highlight the existing gaps in the requirements related to the two mentioned fields, the foundations, pillars, rituals and process of issuing and finally implementing the "temporary order" were investigated and analyzed. This research, in a descriptive-analytical format, seeks to answer this basic question: What issues did the institution of temporary injunction in the Administrative Court of Justice and legal courts face? Is it guaranteed? During this research, it was found that the institution of "temporary order" in both administrative and legal proceedings is considered as an effective tool in order to prevent irreparable and unusual damages for the petitioner, and if its legal requirements are met, it is possible to issue It is generally possible at the discretion of the trial judge. In addition, due to the gaps related to this institution such as; The incontestability of issuing or canceling a temporary order, the weakness of the executive guarantee necessary for its implementation, etc., has strengthened the possibility of violating the claimant's or beneficiary's rights. Finally, some suggestions were identified and introduced in order to eliminate the identified shortcomings and damages.
Keywords
Keywords: speedy trial
Preliminary injuction
civil courts
administrative court of justice
Code of civil procedure
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(Last visited 9/6/1401)
 
Culmination of Law
Volume 10, Issue 3
Winter 2025
Pages 3-39