Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

A comparative study of the strategic principles of civil proceedings in Iranian and British law

Document Type : .

Authors
1 PhD student in private law, Arak Branch, Islamic Azad University, Arak, Iran.
2 Assistant Professor of Private Law Department, Karaj Branch, Islamic Azad University, Karaj, Iran
3 Assistant Professor, Private Law Department, Arak Branch, Islamic Azad University،,Arak, Iran
10.22034/ejs.2023.386941.1390
Abstract
Background and Aim: The purpose of this article is to review and study the rules of civil procedure (formal and substantive aspects) in Iranian law with a comparative view of England.
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.
Findings: The findings indicate that in English law, the principle of formality of civil proceedings is a set of ceremonies and rituals that must be followed in order to achieve the result expected from the proceedings. In English law, according to the principle of dominance of the parties in civil proceedings, the court does not have jurisdiction to hear, unless each of the litigants Ask it to take such action in accordance with the legal conditions.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: With a comparative study, we reached these results that in civil procedure In England, principles and strategies are implemented whose basis can only be analyzed in the form of the principle of predictability of civil proceedings. These works are a guarantee of fair civil proceedings and usually their realization in practice shows the real commitment of the judicial system to strategic principles.
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