Electronic Communication and date of electronic judicial measure; Challenges and ideas

Document Type : Original Article


.Faculty member (Assistant Professor) Department of Law, Payame Noor University, Tehran, Iran



Communication and effective date of electronic judicial measure are among the important issues. In electronic communication, the relevant regulations are in some ways inconsistent with the rules.The nature of this communication is ambiguous; Beneficiary of the regulations, hearing the statement of ignorance of the provisions of electronic communication is subject to proof, accepting the excuse of not being informed applies, With the silence of the existing regulations, assuming the difference in date, in principle, the date of receipt of the communication in the system, which is the first date, should be considered the date of communication, unless the addressee proves lack of access to the system. In many cases, judicial action is limited to a deadline (legal or judicial) or the passage of time. In addition to the possibility of acting outside office hours, if the beneficiary is denied the opportunity to act within the deadline due to reasons not appropriate to the beneficiary, his right will be lost in accordance with the existing regulations. This is an unfair approach and contrary to the rights of citizens.


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