Private Law
saeed safian; mohammad mahdi meghdadi
Abstract
Bring an action is with the petitioner, therefore determining the title of action is dependent on the decision of plaintiff. The legislator has not, except in exceptional cases, chosen the mandatory titles for civil actions and has assigned the choice of title of action to the plaintiff due to the unlimited ...
Read More
Bring an action is with the petitioner, therefore determining the title of action is dependent on the decision of plaintiff. The legislator has not, except in exceptional cases, chosen the mandatory titles for civil actions and has assigned the choice of title of action to the plaintiff due to the unlimited examples of civil actions and because of the base and nature of action. Therefore, the prosecutors are required to recognize the decision of the plaintiff to name their action. However, the title of the plaintiff is different from the one that is common for action or the legislator has used. In fact, the principle is on the authority of plaintiff to determine the title of a civil action unless the legislator itself specifies the elements and the title of the action, in which case the elective title of the legislator is mandatory. The principle of mastery of parties on the thematic directions of action and the principle of hearing action confirms the authority of plaintiff in determining civil action. In this article, the existence of this principle in the civil proceedings is investigated and confirmed.
Mansour Amini; amir nikoubayan
Abstract
As legal systems are based upon rulers, legal policy in a particular subject, in proportion to the nature of the subject and the general objectives that the legislator have had in mind, is based on principles which are the basis of that policy, too, which recognition of them from theoretical point of ...
Read More
As legal systems are based upon rulers, legal policy in a particular subject, in proportion to the nature of the subject and the general objectives that the legislator have had in mind, is based on principles which are the basis of that policy, too, which recognition of them from theoretical point of view will be a guide to accurate interpretation of law, and in action, a substitute for legislator’s silence, and will eliminate doubt. This paper recognizes principles relevant to civil judgment enforcement through explanation of its nature and purpose, and while clarifying the concepts of these principles, based on the cognition of nature and the objective of legal policy in that subject, presents explanations in relation to their relevant general principle and intends to be an introduction to recognition of concept of principles in this particular legal policy.
Azizallah Fahimi; Mohammadreza Zand Vakili
Abstract
One of the complex issues in prove claims of evidences to Islamic law and statute law is in principle conflict or appearance and this complexity, Has various causes that one of those is differences in Examples of principle conflict with appearance or appearance with conflict. If appearance of the ...
Read More
One of the complex issues in prove claims of evidences to Islamic law and statute law is in principle conflict or appearance and this complexity, Has various causes that one of those is differences in Examples of principle conflict with appearance or appearance with conflict. If appearance of the evidence known and appointed census being from lawgiver, there is no doubt in priority of appearance with principle, such as Unit News, confession and testified and like these. But there is some disagreement between jurists and lawyers in principle priority or appearance, if the appearance is understood through indications, customs and habit, dominance and prevalence and the like. Most jurists in conflict of principle and appearance, believe that the appearance is prior to the principle. Notwithstanding, the examples can be found that principle is prior to appearance. The cause is that many jurists merely rely on the appearance attested by the legislator. In this paper, the priority of the principle with the appearance is resulted, while studying the examples of the principle and appearance conflict.
