Delibretion on the strengths and weaknesses of filing lawsuits through judicial electronic service offices and analyzing the obligation of individuals to file lawsuits through the mentioned offices

Mohammadi, Sam; Taghipour Darzi Naghibi, Mohammadhossein; Taleghan Ghafari, Mehdi

doi:10.52547/jlr.2022.228735.2307

Delibretion on the strengths and weaknesses of filing lawsuits through judicial electronic service offices and analyzing the obligation of individuals to file lawsuits through the mentioned offices

Document Type : Original Article

Authors

Sam mohammadi ¹

mohammadhossein taghipour darzi naghibi ²

Mehdi Taleghan Ghafari ³

¹ Professor of private law of the University of Mazandaran, Iran, Babolsar.

² Assistant Professor and Director of legal department

³ Ph.D. Student in Private Law, University of Mazandaran

10.52547/jlr.2022.228735.2307

Abstract

Deliberation on the Strengths and Weaknesses of Filing Lawsuits through Judicial Electronic Service Offices and Analyzing the Obligation of Individuals to File Lawsuits through the Mentioned Offices
Sam MOHAMMADI (Professor of Law, University of Mazandaran)
MohammadHossein TAGHIPOUR (Assistant Professor of Law, University of Mazandaran)
Mehdi TALEGHAN GHAFFARI (Ph.D. Candidate of private Law, University of Mazandaran)
Abstract
If we consider the basics and principles of proceedings in bringing the case to the aggrieved party, speeding it up can be one of the main foundations of judicial and civil justice, and of course, the electronification of judicial and proceedings services can also be defined as the main goal of proceedings in this area. In this regard establishing order in societies requires imposing appropriate laws. Updating the rules in line with the increasing development of information technology is a vital concern; hence the Judiciary Department Chairmanship has considered moving forward to electronic trial and has enacted regulations for the provision of electronic judicial services. According to the mentioned regulations, the offices of judicial services have been established and the lawsuit is necessarily filed through the mentioned offices. Filing a lawsuit by judicial service offices has many advantages and disadvantages; On the other hand, the imposition of regulations by the head of the judiciary department conflicts with the principle of incompetence in public law; However, it is clear that in many cases the requirement to use legally specified authorities has been the enactment of regulations to achieve the codified goals, but this authority should not be a factor in restricting the acquired rights of the people; therefore, an optional choice should replace the obligation of individuals to file a lawsuit through the mentioned offices.

Keywords

The Judiciary

judicial electronic services

Electronic Trial

The Principle of Correlation

The Principle of Prohibition of Restrictions

Subjects