نوع مقاله : پژوهشی
نویسندگان
1 قاضی دادگستری، دکتری حقوق خصوصی، دانشکدۀ حقوق، دانشگاه تربیت مدرس، تهران، ایران
2 کارشناس ارشد حقوق سردفتری اسناد رسمی، دانشکدۀ ثبت و مدیریت قضایی، دانشگاه علوم قضایی و خدمات اداری، تهران، ایران
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
There is no clear solution, in civil justice system and judicial procedure of Iran, how to resolve the dispute among courts regarding to the recognition of full connection among related actions. The question is that which judicial authority should recognize the full connection? And in the event of a dispute on the recognition of the full connection between the two courts, whether in same jurisdiction or in two different jurisdictions or different degrees, how to resolve it? In the current legal order, is there a judicial authority to resolve the dispute? The necessity of answering this question is important because lack of clear and precise rules in this matter causes delays in judicial proceedings, conflicting verdicts, inadequate judgments, and a loss of public confidence in the judiciary. In this article, in a descriptive-analytical manner and with library resources, in addition to analyzing ambiguous cases, suggestions and solutions to silent cases under internal regulations, judicial procedure and comparative law are presented. The result shows that according to the current legal order, despite recognizing the full connection by one branch of the court and sending case to another branch of that court, this branch of the court has obligation to hear related actions for preventing the cessation of the judicial proceedings. However, it is contrary to the principle of judicial independence and imposing the substantive opinion of one branch of the court on another branch of that court. Therefore, it is suggested that in future amendments to Civil Procedure Law, disputes among courts in recognizing full connection in two courts with same jurisdiction, the head of the jurisdiction is in charge and if two courts are in two different jurisdictions or being between supreme court and civil court, the dispute resolution shall be conducted under rules settlement of jurisdictional disputes.
کلیدواژه‌ها [English]
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