Journal of Legal Research

Journal of Legal Research

The Principle of Sovereignty of Will in Civil Procedure

Document Type : Original Article

Author
Javad Jabbari
PhD Student in Private Law, Faculty of Law and Social Sciences, Payam Noor University of Tehran, Tehran, Iran.
10.48300/jlr.2023.404305.2376
Abstract
The principles of procedure are the public and general criteria for achieving a fair and just procedure. These principles provide the Background for the proceedings' efficiency by explaining the parties' role and authority in the proceedings. The principle of sovereignty of the will is one of the fundamental and specific principles of civil proceedings, which can be justified based on the purpose, function, concept, and private nature of civil proceedings and the right of its subject. Generally, the acceptance of will in law is rooted in the theoretical and philosophical discussions of law and is considered one of the main foundations of private law. Accepting it in civil proceedings is a basis for attention to litigants’ human dignity and provides the way for their wise and beneficial behavior. From this point of view, civil proceedings are a legal practice that requires qualifications to play a role in it. The sovereignty of the will guarantees the freedom of action of litigants in performing their duties and exercising their rights in the legal process, and it has important effects that have been examined separately at the beginning, during the action, and at the end of the action and enforcing the verdict. This principle does not conflict with other procedural principles; Perhaps it's in line with other principles and it is a prerequisite for the realization of a fair and just trial in the light of the cooperation of the parties and the judge in the course of the trial.
Keywords
Principles of Proceedings
Sovereignty of Will
Civil Proceedings
Principle Of Initiative
Freedom of Will
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Journal of Legal Research
Volume 23, Issue 60
Autumn 2024
Pages 495-530