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.
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Davoudi Beiragh,H. and Hadi,M. (2025). Limitations on Claims Admissibility in Imami Jurisprudence and Iranian Law (With Reference to Judicial Practice). Journal of Legal Research, 24(62), 371-398. doi: 10.48300/jlr.2024.408246.2405
MLA
Davoudi Beiragh,H. , and Hadi,M. . "Limitations on Claims Admissibility in Imami Jurisprudence and Iranian Law (With Reference to Judicial Practice)", Journal of Legal Research, 24, 62, 2025, 371-398. doi: 10.48300/jlr.2024.408246.2405
HARVARD
Davoudi Beiragh H., Hadi M. (2025). 'Limitations on Claims Admissibility in Imami Jurisprudence and Iranian Law (With Reference to Judicial Practice)', Journal of Legal Research, 24(62), pp. 371-398. doi: 10.48300/jlr.2024.408246.2405
CHICAGO
H. Davoudi Beiragh and M. Hadi, "Limitations on Claims Admissibility in Imami Jurisprudence and Iranian Law (With Reference to Judicial Practice)," Journal of Legal Research, 24 62 (2025): 371-398, doi: 10.48300/jlr.2024.408246.2405
VANCOUVER
Davoudi Beiragh H., Hadi M. Limitations on Claims Admissibility in Imami Jurisprudence and Iranian Law (With Reference to Judicial Practice). Journal of Legal Research, 2025; 24(62): 371-398. doi: 10.48300/jlr.2024.408246.2405
