نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسنده English
The traditional method of handling lawsuits, based on the principle of the actual existence of interest, has always been considered a satisfactory approach. However, this principle has not been able to meet individuals' needs. In fact, with the emergence of a new category of lawsuits that accept future interests and the necessity for measures to implement and support these claims, the inefficiency and rigidity of the legal system and consequently the litigation system have become more pronounced . It was on this basis that in some legal systems, including France and certain Arab countries, alongside the principle of actual interest for addressing disputes and applying this traditional rule, new types of lawsuits known as preventive claims emerged. These claims are not defined in Iranian law, but there are numerous instances that can be observed. In this research, by examining its various forms, we have reached a criterion whereby if an imminent harm is about to occur that would be difficult or impossible to remedy in the future, there is no choice but to accept the claim. Undoubtedly, identifying the foundations of preventive claims and studying the factors justifying their acceptance can help make Iranian laws more flexible and alleviate the rigidity of the judicial system. In this article, we aim to analyze and describe these claims while also investigating procedural handling and judicial approaches toward preventive claims.
کلیدواژهها English