Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Legal Scope of Litigation Costs in Iranian, Egyptian and English Law

Document Type : research

Authors
1 PhD student, Department of Private Law, Damghan Branch, Islamic Azad University, Damghan, Iran
2 Assistant Professor, Department of Private Law, Faculty of Humanities, Damghan Branch, Islamic Azad University, Damghan, Iran.
10.22034/ejs.2024.428387.1619
Abstract
Background and Aims: Litigation costs are one of the important issues of the litigation process, which play an important role in the realization of a fair trial. Based on this, the purpose of this article is to examine the legislative scope of litigation costs in the laws of Iran, Egypt and England.
Materials and Methods: The research method is descriptive and analytical and this research is theoretical. The method that has been used to collect information is in the form of a library and it has been done by referring to international and domestic books, articles and documents.
Ethical Considerations: In this article, the originality of the text, honesty and trustworthiness are respected.
Findings: Litigation fees are collected at the beginning of filing a lawsuit through a petition and at the time of its presentation, which can be collected both in Iranian law and in Egyptian and British law. Considering that the basis of legal fees in Iranian law is based on jurisprudence and French law and is formed in accordance with Imamiyyah jurisprudence, and in British law it is also based on the common law legal system and in Egyptian law it is also based on Hanaf and Hanbali jurisprudence.
Conclusion: The conditions and effects of legal fees in Iranian law compared to English and Egyptian laws have shortcomings such as the lack of a proper mechanism to predict the duration and quality of the proceedings and estimate the costs.
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