Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 1051-1068 |
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Pourrahim Ghoroghchi M, Amini E, Abaslou B. The Principle of Equality of Litigants in Civil Procedure with an Attitude in Jurisprudence, Iranian Law and of International Documents. MLJ 2022; 16 :1051-1068
URL: http://ijmedicallaw.ir/article-1-1744-en.html
URL: http://ijmedicallaw.ir/article-1-1744-en.html
1- . Department of Private Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran
Abstract:
Background and Aim: One of the basic principles and one of the basic and necessary issues for the fair handling of claims is the equality of litigants. The principle of equality of litigants is one of the basic principles in Islamic thought and has been emphasized in the Qur'an and by our religious leaders. Today, the mentioned cases in Islamic jurisprudence and law are considered as the basic principles of fair proceedings in democratic countries.
Method: This research is theoretical and the research method is descriptive-analytical. In this research, the author has done a comparative study of the mentioned principle in the jurisprudence and legal system of Iran and international documents based on the collection of information in a library and by referring to documents, books, articles and internet sites.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, impartiality and originality of the work have been observed.
Results: The review of jurisprudential texts shows that the equal treatment between litigants, with all its aspects, is even more complete than the present time in the Islamic procedure and was an integral part of the treatment of all claims. Iran's civil procedure law also considers the principle of equality and defense possibilities for litigants in some cases and some of its articles have been compiled on this basis and in line with ensuring compliance with the aforementioned principle. In fact, the equality of litigants in civil procedure is the principle and must be respected except in exceptional cases. The principle of equality of litigants has been recognized in international documents, including the Universal Declaration of Human Rights, the Covenant on Civil and Political Rights and the European Convention on Human Rights.
Conclusion: Based on the results of the research, it can be said that Islamic jurisprudence and Islamic law and the civil procedure law of Iran in the field of the principle of equality are compatible with global and regional international documents.
Please cite this article as:
Pourrahim Ghoroghchi M, Amini E, Abaslou B. The Principle of Equality of Litigants in Civil Procedure with an Attitude in Jurisprudence, Iranian Law and of International Documents. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e59.
Method: This research is theoretical and the research method is descriptive-analytical. In this research, the author has done a comparative study of the mentioned principle in the jurisprudence and legal system of Iran and international documents based on the collection of information in a library and by referring to documents, books, articles and internet sites.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, impartiality and originality of the work have been observed.
Results: The review of jurisprudential texts shows that the equal treatment between litigants, with all its aspects, is even more complete than the present time in the Islamic procedure and was an integral part of the treatment of all claims. Iran's civil procedure law also considers the principle of equality and defense possibilities for litigants in some cases and some of its articles have been compiled on this basis and in line with ensuring compliance with the aforementioned principle. In fact, the equality of litigants in civil procedure is the principle and must be respected except in exceptional cases. The principle of equality of litigants has been recognized in international documents, including the Universal Declaration of Human Rights, the Covenant on Civil and Political Rights and the European Convention on Human Rights.
Conclusion: Based on the results of the research, it can be said that Islamic jurisprudence and Islamic law and the civil procedure law of Iran in the field of the principle of equality are compatible with global and regional international documents.
Please cite this article as:
Pourrahim Ghoroghchi M, Amini E, Abaslou B. The Principle of Equality of Litigants in Civil Procedure with an Attitude in Jurisprudence, Iranian Law and of International Documents. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e59.
Keywords: Principles of Procedure, Rules of Procedure, Principle of Equal Parties, Civil Procedure, International Documents
Type of Study: Original Article |
Received: 2023/12/4 | Accepted: 2024/03/13
Received: 2023/12/4 | Accepted: 2024/03/13
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