نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسندگان English
Imami jurisprudence and Iranian law uphold the general admissibility of legal claims, albeit with defined limitations. Although Article 34 of the Iranian Constitution and Article 3 of the Code of Civil Procedure do not explicitly codify claims admissibility, they implicitly affirm its legal foundation. Like all legal principles, however, this admissibility is qualified by exceptions - termed "limitations on hearing claims" - which predominantly arise from deficiencies in a claim’s structural elements. These limitations are divisible into three categories: (1) those pertaining to the claimant, (2) those tied to the respondent, and (3) those rooted in the claim’s subject matter. Furthermore, arbitration agreements or clauses, given their standing in substantive law, represent an additional constraint. Crucially, while some limitations are indispensable (serving to protect litigants’ rights or enforce mandatory legal norms), others may be rectified through procedural remedies, thereby converting an otherwise inadmissible claim into an actionable one.
کلیدواژهها English
