نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار دانشکده حقوق دانشگاه مازندران
چکیده
کلیدواژهها
عنوان مقاله [English]
Arbitratide judicial organizations, are the investigativeauthority into claims in the most legalion institutions, alongs systems. In some countries, ajudgment made on the investigator’s authority into a claim has noresponsibility for compensating the parties' loss, whether limited or absolute.According to Principle 171 of Iran's Constitution, if a judge causes a loss toa litigant and it is due to the neglect or mistake of the judge, there is noresponsibility for compensation. If the loss has been caused with the judge'sintention and is deliberate, civil responsibility would without question beimposed on him. Now that arbitrators like the judges investigate the claim,are they also placed under the terms of Principle number 171 or vice versa?In this essay we discuss how judges have civil responsibility for the lossessustained by Parties to a claim and under what circumstances they are notliable under Principle 171. Therefore the scope of the judge's responsibilitycontains a specified aspect and it is different from that under the generalrules of civil liability.Keywords:Arbitrator, Civil, Loss, Claim.
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