Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

The role of the litigation contract and its effects in the litigation economy

Document Type : .

Authors
mehdi firoozbakht 1
Behnam Habibi Dargah 2
1 Ph.D. Student Department of Private Law, Karaj Branch, Islamic Azad University, Karaj, Iran.
2 Assistant Professor of Private Law Department, Karaj Branch, Islamic Azad University, Karaj, Iran
10.22034/ejs.2023.350242.1261
Abstract
Background and Aim: Today, contracts, as an arena of legal systems are being considered by lawyers as the most important means of communication with the outside world. The purpose of this research is to investigate the role of litigation contract and its effects in the economics of litigation.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: There are rules for how to determine the law governing the contract. These rules have found their place in different countries and regions of the world with different legal systems. One of these criteria is the litigation contract.
Conclusion: The theory of litigation contract can be one of the tools used in legislative policy. Although assuming a contractual nature for this relationship, it does not help to clarify the laws of this judicial institution; Reasons can be found for the concept of litigation contract; Among them, we can refer to the provisions of articles 107 of the Civil Procedure Law regarding the return of lawsuits and 49 of the Civil Code regarding the establishment of a judicial legal relationship.
Keywords
Investment
Banking
Banking Laws
Banking Jurisprudence
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Strategic Studies of Jurisprudence and Law
Volume 4, Issue 4 - Serial Number 15
Studies of economic jurisprudence
Winter 2023
Pages 167-186