Judicial Law Views Quarterly (Law Views)

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Aghaei Togh M. Administrative Litigations in Iran and France. دیدگاه‌های حقوقی 2018; 23 (83) :1-26
URL: http://jlviews2.ujsas.ac.ir/article-1-1250-en.html

Administrative litigation is one of the most important issues of administrative law. The purpose of distinguishing between different types of administrative litigations is to explain the judicial procedures relating to each other. According to one of the most important classifications, proposed by Edouard Laferrière in the late nineteenth century and despite criticisms has retained its importance, the administrative litigations are divided into litigations of annulment, full litigations, interpretative litigations and repression litigations. In Iran in some of the administrative law writings, the administrative litigations are classified in two categories: litigations of annulment and litigations for damage. But this classification is not comprehensive. Because in Iran there are full litigations, interpretive litigations as well as repression litigations. Comparative study of these litigations in Iran and Frnace shows us that there are differences between these four types of litigation in these countries. The main finding of this article is that although full litigation in France is extensive and includes administrative contracts as well as administrative liability, but in Iran it is limited to the disputes relating to the article 63 of the Law on the Organization and Procedure of the Court of the Administrative Justice enacted in 2013. Iranian administrative law should recognize the importance of full litigations by empowering the Court of the Administrative Justice to hear disputes relating to administrative contracts and administrative liabilities.