Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Economic elements of the quality of civil proceedings with emphasis on jurisprudential sources

Document Type : .

Authors
1 PhD Student in Private Law, Department of Private Law, Saveh Branch, Islamic Azad University, Saveh, Iran
2 Professor, Department of Law, Faculty of Humanities, Department of Law, Saveh Branch, Islamic Azad University, Saveh, Iran
3 Assistant Professor, Imam Khomeini Educational and Research Institute, Law Department, Qom, Iran
10.22034/ejs.2022.328460.1150
Abstract
Background and Aim: The discussion of the quality of civil proceedings is one of the most important and, of course, somewhat neglected issues in civil proceedings, which is based on three elements: fair trial, reduction of procrastination and reduction of court costs. In this article, an attempt has been made to explain and analyze the economic elements of the quality of civil proceedings with emphasis on jurisprudential sources.
Materials and Methods: This is a leading descriptive-analytical article using a library method.
Ethical considerations: In different stages of writing the article, ethical and scientific principles have been observed, including the scientific and accurate use of scientific resources.
Results: The findings indicate that the principle of rationality and standardization of court costs is the principle of transferability of the most important principles and components governing the costs of civil proceedings, which has an important impact on the quality of proceedings and the realization of a fair trial. There is also a consensus among the jurists about the prohibition of paying court fees, and the only difference of opinion is about the judge's subsistence from treasury. The jurists' approach to litigation costs in order to strengthen the quality of civil litigation can be evaluated.
Conclusion: It is necessary that there is a reasonable and normal agreement between the costs of the proceedings incurred and the value obtained from the proceedings. To achieve this, addressing the principle of proportionality is a clear example of a fair trial and it is necessary to identify the dimensions of this principle.
Keywords

- Braibant, G., "Utilité Difficultés de la Codification". Droits, No 24, 1996.
- Christopher, D., Ex Ante Selection of Disputes for Litigation, University of Kansas School of Law, 2002.