Document Type : Original Article
Authors
1
PhD student, Department of Law, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran
2
Associate Professor, Department of Private and Islamic Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
3
Assistant Professor, Department of Law, Faculty of Law, Theology and Islamic Studies, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran.
10.48300/jlr.2022.365263.2185
Abstract
The baisic focus Of this writing about the relation between Substantive rightand the Action whiche allege to adjudication and profe of that.BecauseReal right, is the protected and guaranteed. On the other hand, litigation isalso a means to achieve the right and serve it. Nevertheless, theconnection between rights and disputes or litigation is so strong, andsometimes complex, that it is impossible to imagine one without the other.The overlap and dependence of rights and disputes is like the embodimentof a two-sided coin. Each side of the coin finds meaning next to the other.However, this relationship will have important theoretical and practicalresults. Whether the acceptance or non-acceptance of the lawsuit, the legalelements of the lawsuit, the division of types of lawsuits, the jurisdiction ofthe courts and sometimes the outcome of the lawsuit, depend on thesubstantive right of origin of the lawsuit. This article tries to examine andanalyze this relationship and overlap of rights and litigation and its resultsin Iranian law and other country.
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