Limitations The principle of hearing the case with a look at the judicial procedure

Articles in Press

Document Type : Original Article

Authors

1 Associate Professor, Department of Private Law, Faculty of Law and Political Science, Kharazmi University, Tehran, Iran.

2 Master of Private Law, Faculty of Law and Political Science, Kharazmi University, Tehran, Iran.

10.48300/jlr.2024.408246.2405

Abstract

From the perspective of Imami jurisprudence and Iranian law, the principle should be considered as the
necessity of hearing the lawsuit.Article 34 of the Constitution and Article 3 of the Civil Procedure Law without mentioning the principle of hearing a lawsuit.It has accepted the existence of such a principle.The principle of hearing a lawsuit, like any other legal principle, has exceptions.which are called the limits of the hearing of the lawsuit.The main limitations of hearing the lawsuit are due to the lack of elements of the lawsuit.These limitations can be divided into three general categories , restrictions caused by the petitioner, Limitations due to the defendant and limitations due to the subject of the lawsuit. In addition to the mentioned restrictions, the contract or the arbitration clause should also be added to the restrictions due to the fact that it is recognized by the relevant laws.Some of these restrictions are unavoidable in order to respect the rights of litigants or to observe legal principles and laws, but some others can be fixed using solutionsand brought the lawsuit from the state of insufficiency to the state of hearing.

Keywords

Journal of Legal Research

Articles in Press, Accepted Manuscript
Available Online from 08 April 2024

Files

Share

How to cite

Statistics