Recognizing the concept litigation formalities and non-observance scope in unformality triales

Document Type : Original Article

Authors

1 College of Low, Islamic Azad University Ayatollah Amoli, Amol, Iran

2 Islamic Azad University Ghaemshahr

10.52547/jlr.2023.144728.1220

Abstract

The laws of Iran, in many cases, including the family courts, the dispute resolution council and forcible entry’s quarrel, with unclearly pointing to the non-observance litigation formalities without defining the scopes of their non-observance, have brought about the disparity of judicial proceedings. In this regard, lawyers definition of the "litigation formalities" is also almost and there is considerable controversy in explaining its implications. Discrepancies in cases, such as petition, communication, court costs and due dates were so high, that Some of which have been considered as a principles of the proceedings and some others place it as part of litigation formalities. So in distinguishing between the litigation formalities it must be properly segmented; the first is the "formal ceremony", which consists of two parts; But in separating the formalities of the judiciary, it must be properly segmented; the first is "fundamental formalities" which consist of two parts; The first part, including the communication and the hearing session, is "the formalities of the introduction of the implementation of the principles", which can not be dismissed even with the stipulation of the legislator. The other part, including petitions and court costs, has been "Basic formalities of litigation", which can be leaved out by the legislator's case in certain proceedings. The second type is formalization with a weaker degree of "simple formalities", which includes many examples, including how it is communicated, the time of the hearing, the due dates and the respites.

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References

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History

  • Receive Date: 27 August 2018
  • Revise Date: 12 November 2022
  • Accept Date: 21 February 2023

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