Journal of Legal Research

Journal of Legal Research

A Reflection on the Foundations of Rights and Disputes

Document Type : Original Article

Authors
Ali Shamsi 1
Hassan Mohseni 2
Dawood Nasiran Najaf Abadi 3
1 PhD Student in Private Law, Faculty of Law, Theology and Islamic Studies, Najafabad Branch, Islamic Azad University, Najafabad, Iran.
2 Professor, Department of Private Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.
3 Assistant Professor, Department of Law, Faculty of Law, Theology and Islamic Studies, Najafabad Branch, Islamic Azad University, Najafabad, Iran.
10.48300/jlr.2022.365263.2185
Abstract
The main focus of this article is on the relationship between the substantive right and the lawsuit that is filed to assert and prove it. Nevertheless, theconnection between rights and disputes or litigation is so strong, andsometimes complex, that it is impossible to imagine one without the other.The overlap and dependence of rights and disputes is like the embodimentof a two-sided coin. Each side of the coin finds meaning next to the other.However, thisrelationship will have important theoretical and practicalresults. Whether the acceptance or non-acceptance of the lawsuit, the legalelements of the lawsuit, the division of types of lawsuits, the jurisdiction ofthe courts and sometimes the outcome of the lawsuit, depend on thesubstantive right of origin of the lawsuit. This article tries to examine andanalyze this relationship and overlap of rights and litigation and its resultsin Iranian law and other country.
Keywords
Right
Dispute
Procedure
Litigation
Substantive Right

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Journal of Legal Research
Volume 23, Issue 59
Autumn 2024
Pages 379-404