Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

The principle of correspondence in electronic proceedings with a view to American law

Document Type : research

Authors
1 PhD student of Private Law, Department of Private Law, sari branch, Islamic Azad University, sari, Iran
2 Professor of Private Law Department, Faculty of Law and Political Science, Mazandaran University, Mazandaran, Iran.
3 Assistant Professor , Department of Private Law, Faculty of Law and Political Science, Mazandaran University, Mazandaran, Iran.
10.22034/ejs.2024.444754.1706
Abstract
Background and Aim: The principle of correspondence in proceedings is one of the most basic features of fair proceedings and guaranteeing the rights of litigants equally before the courts. The purpose of this article is to examine the correspondence principle in electronic proceedings with a view to American law.
Materials and Methods: The current article is theoretical and uses the analytical descriptive method. his article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: The findings showed that the principle of correspondence in electronic proceedings is clearly stated in American law, but there is no explicit text in Iranian law. However, this principle is so accepted in international rules that its existence in Iran's legal system cannot be ignored. With the introduction of communication technology and electronic equipment in the proceedings of many countries.
Conclusion: the positive effect and efficiency of technology and communication in the principle of correspondence, led to the absence of the requirement for the parties to attend the hearing and the court not being bound to a specific place and time, and the automatic exchange of information between the parties to the dispute with the courts, and the increasing use of electronic evidence, and from.
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