Volume 27, Issue 100 (winter 2023)
__Judicial Law Views __2012__, 27(__59__): __224144 |
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mohammadimoghaddam P, Badini H, Niknejad J. The Ability to Apply the Theory of "Denial of Justice" in Civil Proceedings. دیدگاههای حقوقی 2023; 27 (100) :121-144
URL: http://jlviews2.ujsas.ac.ir/article-1-2123-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-2123-en.html
1- , hbadini@ut.ac.ir
Abstract: (496 Views)
In this article, an attempt has been made to examine the doctrine of "denial of justice" in international law under the title "denial of justice" and its examples. Let us explain Iranian law and point out the effects of recognizing this doctrine in Iranian law. "Denial of justice" is a type of "severe injustice" that calls into question the basis of proceedings and lawsuits to the point where it seems that "rights are denied". Currently, since this doctrine does not have a binding aspect, if it occurs in substantive discussions, it can only be placed in the form of injustice, the subcategory of contradiction between Sharia and in contradiction with the basis and philosophy of law, and for this reason, it may be possible to consider its influence on the judicial decision was hopeful. But if there is a denial of justice regarding the formal regulations, we cannot take action to fix it and we have to comply with the formal law, even if it is unfair. Whereas if this doctrine is developed and considered as a rule or law or doctrine, it can be cited in different stages of proceedings and the judges will be obliged to resolve it. The purpose of this article is to identify and introduce the doctrine of "denial of justice" in Iran's legal system, so that it can enter Iran's law as a recognized rule and be considered and cited effectively. This doctrine can significantly reduce cases of rejection of lawsuits and petitions and avoidable delays, it can have a profound effect in preventing the loss of the rights of the litigants and the waste of time and cost of proceedings, and it can be a document for issuing more fair rulings. Paying attention and recognizing and finally using this doctrine, while creating a change in proceedings, can be a means of asserting the rights of individuals whose rights have been violated under circumstances and are desperate to resort to litigation
Type of Study: Research |
Subject:
Pivate Law
Received: 2021/11/26 | Revised: 2023/05/24 | Accepted: 2022/11/02 | Published: 2023/03/18 | ePublished: 2023/03/18
Received: 2021/11/26 | Revised: 2023/05/24 | Accepted: 2022/11/02 | Published: 2023/03/18 | ePublished: 2023/03/18
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