Member of the Department of Private Law, Faculty of Law, Qom University
Abstract
The nature of the judiciary requires the issuance of untrue and harmful verdicts, which are mostly unintentional and due to the judge's error, and on the other hand, according to special provisions, such as Article 171 of the Constitution of the Republic of Iran and general rules such as Damage is a matter of course. However, the ambiguity in this article, which has been overlooked in legal proceedings, is this; If the injured party intends to file a lawsuit due to a wrong judicial decision and seeks compensation, in which court should he file a lawsuit and which court has the inherent jurisdiction to hear this matter ?and what is the nature of the lawsuit against the judge? Is the lawsuit merely a civil liability with the compensation as its purpose, or one of the unusual ways of protesting the issued verdict? In this research, which is done by analyzing legal jurisprudential data, we state that the nature of the lawsuit against the judge varies according to the court, which has the nature of civil responsibility and sometimes a disciplinary one. On the other hand, although the lawsuit has two stages and first the Aggrieved must prove the judge's mistake or guilt in the disciplinary court of judges, in the next stage, the competent court to hear compensation is the general and revolutionary courts.
Canadian Judicial Council. “The Conduct of Judges.” Last Accessed July 18, 2020.https://www.cjc- ccm.gc.ca/cmslib /general/news_pub_judicialconduct_CJCRole_en.pdf.
Canadian Judicial Council; Last Accessed July 18, 2020, https://www.cjc-ccm.gc.ca/cmslib/general/CJC-CCM-Procedures.
salehimazandarani, M. (2023). The nature of the claim against the guilty judge and the competent court in the proceedings. Islamic Law, 20(77), 7-31.
MLA
mohammad salehimazandarani. "The nature of the claim against the guilty judge and the competent court in the proceedings". Islamic Law, 20, 77, 2023, 7-31.
HARVARD
salehimazandarani, M. (2023). 'The nature of the claim against the guilty judge and the competent court in the proceedings', Islamic Law, 20(77), pp. 7-31.
VANCOUVER
salehimazandarani, M. The nature of the claim against the guilty judge and the competent court in the proceedings. Islamic Law, 2023; 20(77): 7-31.
