نوع مقاله : پژوهشی
پژوهشگر پژوهشکدۀ قوۀ قضائیه، تهران، ایران
عنوان مقاله [English]
One of the elements of a fair and efficient judicial system is the exactitude and integrity of verdicts issued by the courts of this system at different levels of the judicial structure. To be obtained this feature in the verdicts, judges should observe and consider some criteria. In this regard, the judges oblige to explain the reasons and causes of their judgment in detail when they are writing the justifiable reasons in verdict. In some cases, human rights documents may be cited as reason of verdict at the discretion of the judge. So it is necessary for judges to observe some special formal and substantive principles; because the hierarchy of norms in legal system is different in the domestic legal system, also the type of document (and how to approve any one) affects on binding of each document
The present study seeks (by using a descriptive-analytical method) to identify and explain the criteria for the validity and Impeccability of the verdicts issued by family courts in this matter (by using the opinions and experiences of judges). Finally, the author has expressed these indicators in the form of general rules of composition of the verdict and special requirements of criteria for exactitude and integrity of judge‘s verdict based on International Documents in family litigation.