Culmination of Law

Culmination of Law

The effect of knowing the basis of proceedings on the hearing of lawsuits

Document Type : Original Article

Authors
Sirus Heidari 1
Ehsan Heidari 2
1 Assistant Professor, Department of Private Law, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran
2 PhD Student in Private Law; Department of Private Law, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran
10.22034/thdad.2024.1988201.2366
Abstract
Abstract
The lack of clarity of the laws related to the hearing of the lawsuit has led to procedural differences and imposing a lot of costs on the parties to the lawsuit and the courts, people's frustration in going to the court and pessimism towards the legal system. The way out of these differences is to regularize decisions, and this can only be achieved by knowing the basis. In Iranian law, the basis for the proceedings is not explicitly stated, but with the philosophical analysis of the proceedings, it is possible to know the basis. Since legislation is based on Islamic teachings and in Islam, justice is the basis of affairs, justice is also the basis of proceedings in Iran's judicial system. Two dimensions are stated for justice; One is that everyone is equal in front of the law and the law applies equally to everyone, and the other is that everyone should get their rights. In this article, with a descriptive analytical study, first the basis of the procedure is stated and then in line with the same basis, it is said that the obstacles and conditions for filing a lawsuit should be legislated in such a way that substantive justice takes precedence over unnecessary formalities and the procedure becomes a tool. Don't allow the opposite party to end the fair proceedings by resorting to it. According to the view, since the realization of the right is the main goal, according to the basis and fundamental principles of the proceedings, the rules of civil proceedings should be amended in such a way that it is possible to remove the temporary obstacles to the filing and hearing of the claims during the proceedings and as far as possible. had prevented the issuance of the order not to hear the case,
Keywords
Civil proceedings
philosophy
basis
obstacles to filing a lawsuit
hearing a lawsuit
fundamental principles of litigation

Subjects

Persian Sources
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Culmination of Law
Volume 11, Issue 2
Autumn 2025
Pages 263-292