Volume 25, Issue 89 (spring 2020)
__Judicial Law Views __2012__, 25(__59__): __224194 |
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farahzadi A, mirnejad S R. principle of Audible the claims in Islamic jurisprudence and Iranian law. دیدگاههای حقوقی 2020; 25 (89) :181-194
URL: http://jlviews2.ujsas.ac.ir/article-1-1606-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-1606-en.html
1- university of judicial science , aliakbar.farahzadi@yahoo.com
2- university of judicial science
2- university of judicial science
Abstract: (5045 Views)
Abstract
The principle of Audible the claims is one of the principles governing claims law. According to the principle that is foreseen in both of jurisprudence and Iranian law (albeit indirectly), The court Should not pay attention to objections and Minor defects that they Can be restored And as a result, the claim goes on to move in the nature of the claim (season of hostility or discovery of the truth). According to the jurisprudential reasons, the hearing of the claims is obligatory And a judge is employed to hear claims to aim of prevention Violation of right. Therefore, the judge moves the dispute to an audible level by interpreting the claims and inviting the petitioner to explain it. In Iranian law, even though this principle has not been explicitly mentioned in the rules of procedure but with the consideration of Article 167, 159 and 34 of the Constitution code and Article 3 of the Civil Procedure Code, this principle can be accepted. In fact, the legislator by stating that the court must take action against the season of hostility, in line of the mandatory of the mandatory introduction has ruled requirement to hear the case implicitly.
The principle of Audible the claims is one of the principles governing claims law. According to the principle that is foreseen in both of jurisprudence and Iranian law (albeit indirectly), The court Should not pay attention to objections and Minor defects that they Can be restored And as a result, the claim goes on to move in the nature of the claim (season of hostility or discovery of the truth). According to the jurisprudential reasons, the hearing of the claims is obligatory And a judge is employed to hear claims to aim of prevention Violation of right. Therefore, the judge moves the dispute to an audible level by interpreting the claims and inviting the petitioner to explain it. In Iranian law, even though this principle has not been explicitly mentioned in the rules of procedure but with the consideration of Article 167, 159 and 34 of the Constitution code and Article 3 of the Civil Procedure Code, this principle can be accepted. In fact, the legislator by stating that the court must take action against the season of hostility, in line of the mandatory of the mandatory introduction has ruled requirement to hear the case implicitly.
Keywords: Key words: claims law, restoration of claim, passive claim, hearing of claim, the principle of Audible the claim.
Type of Study: Applicable Research |
Subject:
Pivate Law
Received: 2019/04/28 | Revised: 2022/12/28 | Accepted: 2020/07/01 | Published: 2020/06/04 | ePublished: 2020/06/04
Received: 2019/04/28 | Revised: 2022/12/28 | Accepted: 2020/07/01 | Published: 2020/06/04 | ePublished: 2020/06/04
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