The Judiciarys Law Journal

The Judiciarys Law Journal

Synthesis law of lawsuits taken from the dialectic of substantive law and civil procedure law

Document Type : Research/Original/Regular Article

Author
dr
10.22106/jlj.2024.2028863.5915
Abstract
Litigation is a familiar and widely used concept in every legal system, including Iran. However, the discussions about it are not as important as it is and it has not been addressed as it should and maybe. On this basis, he is not allocated a share in the dualism of substantive rights and civil procedure rights and is always ignored. It is customary to think of him as a technical and formal subject. A view that raises serious doubts about the need for a scientific study and has given those involved a valuable excuse for abandoning it. So, they consider the main difference in whether superiority will be with substantive rights or civil procedure rights. In this article, we seek to pass this old and unanswered dialectic and relax on a beach called "rights of claim". The nascent institution that aims to create permanent reconciliation between the two. In addition, by talking about the features and goals, he brings his fundamental distinction from them to the fore.
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Volume 88, Issue 128
Spring 2025
Pages 387-411

  • Receive Date 12 May 2024
  • Revise Date 25 October 2024
  • Accept Date 03 November 2024
  • First Publish Date 19 February 2025
  • Publish Date 19 February 2025