The Judiciarys Law Journal

The Judiciarys Law Journal

The legal capacity to use non-confrontational methods to resolve disputes within cooperatives in the light of the requirements and principles of the cooperative.

Document Type : Research/Original/Regular Article

Authors
1 Department of private and International law, Faculty of law, University of Tehran Iran
2 phd student of international trade and investment law in university of tehran.
Abstract
According to the principles and values ​​governing the cooperative sector, the cooperatives has requirements regarding the method of resolving incident disputes, which have been neglected by many activists in this field. Cooperatives, which have a non-commercial atmosphere and are based on friendship and cooperation, require settlement methods that resolve disputes in the most peaceful way and do not add to arguments and contentions. The present study, by exploiting the studies of the control library and adopting an analytical-descriptive approach, after analyzing the requirements of the cooperative sector in choosing the method of dispute resolution and analyzing the principles governing alternative methods of dispute resolution, has reached the conclusion that non-confrontational methods of Alternative dispute resolution is based on the requirements of the cooperative sector for dispute resolution and has priority over judicial and arbitration methods. On the other hand, it will be analyzed that the amiable composition mentioned in Clause 9, Article 43 of the Cooperative Sector Law is a legal capacity seen by the legislator to apply the non-confrontational method of dispute resolution in the cooperative sector, which is currently due to the lack of rules and regulations for how to apply it, as well as the absence of a proper Performance Bond for the implementation of the agreements resulting from it, its use in the cooperative sector has been ignored.
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Volume 88, Issue 126
Autumn 2024
Pages 167-192

  • Receive Date 19 October 2023
  • Revise Date 04 April 2024
  • Accept Date 18 June 2024
  • First Publish Date 22 September 2024
  • Publish Date 22 September 2024