Volume 15 - Legal Innovation
MLJ 2021, 15 - Legal Innovation: 551-566 |
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Badpa S, Heidari S. Abuse of procedural rights in Legal System of Iran and England. MLJ 2021; 15 :551-566
URL: http://ijmedicallaw.ir/article-1-1461-en.html
URL: http://ijmedicallaw.ir/article-1-1461-en.html
1- Department of Law, International Campus, Shiraz University, Shiraz, Iran
2- Department of Private & Islamic Law, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran
2- Department of Private & Islamic Law, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran
Abstract:
Background and Aim: The right to sue is an inalienable principle accepted in legal and human rights sources. This leaves all citizens free to sue. But this will be challenged when a malicious litigation is filed. This type of lawsuit causes some problems and damages for the defendant. The legislature has provided some sanctions in order to prevent malicious litigations and their effects. The problem of abuse of procedural rights and related legal preventing rules in law of Iran and England constitutes the idea of this study.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical. The method of data collection is library method and has been done by referring to documents, books and articles.
Results: Abuse of the right to sue is an example of abuse of procedural rights and a special manifestation of the general concept of abuse of right. A person who brings an action against another without a probable cause or uses a litigation to harass the other party or other malicious intent, should be liable for damages resulting from his tort.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: Despite the fact that any body has the right to resort to the courts and is entitled to bring action, but if this right has been abused and a person has filed a lawsuit against another without a probable cause or with malicious intent such as harassment or dilatory purpose, while may face the objection of frivolous litigation, he will be also subject to civil liability for damages caused by his tort. Stablishing and developing the legal sanctions to prevent abuse of procedural rights may have a deterrent effect on malicious prosecution and will lead to improved function of civil justice system.
Cite this article as: Badpa S, Heidari S. Abuse of procedural rights in Legal System of Iran and England. Medical Law Journal 2021; Legal Innovation.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical. The method of data collection is library method and has been done by referring to documents, books and articles.
Results: Abuse of the right to sue is an example of abuse of procedural rights and a special manifestation of the general concept of abuse of right. A person who brings an action against another without a probable cause or uses a litigation to harass the other party or other malicious intent, should be liable for damages resulting from his tort.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: Despite the fact that any body has the right to resort to the courts and is entitled to bring action, but if this right has been abused and a person has filed a lawsuit against another without a probable cause or with malicious intent such as harassment or dilatory purpose, while may face the objection of frivolous litigation, he will be also subject to civil liability for damages caused by his tort. Stablishing and developing the legal sanctions to prevent abuse of procedural rights may have a deterrent effect on malicious prosecution and will lead to improved function of civil justice system.
Cite this article as: Badpa S, Heidari S. Abuse of procedural rights in Legal System of Iran and England. Medical Law Journal 2021; Legal Innovation.
Keywords: Right to Sue, Right to Bring an Action, Abuse of Right, Malicious Prosecution, Frivolous Litigation, Compensation
Type of Study: Original Article |
Received: 2021/09/16 | Accepted: 2022/01/18
Received: 2021/09/16 | Accepted: 2022/01/18
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