Islamic Law

Islamic Law

The basics and effects of the principle hearing of the lawsuit

Document Type : Original Article

Authors
1 Associate Professor, Department of Private Law, Faculty of Law and Political Science, Kharazmi University, Tehran
2 Master's degree in private law, Kharazmi University, Tehran
Abstract
In this research, by using the descriptive-analytical method, using legal books and looking at the judicial procedure, an attempt has been made to examine the principles of the principle of hearing a lawsuit and the effects of applying this principle on the concepts and persons involved in the lawsuit. Examining these cases will be of great help in understanding the principle of hearing the case and how to use it. The Imami jurists have categorically spoken about the necessity of hearing the lawsuits and have tried to make the lawsuits heard as much as possible. In addition to the jurisprudential basis, observance of public order, society's demand, the need to preserve the government's sovereignty, reason and the origin of the demand for the fundamental right to litigate, the legal and social bases are the basis of hearing the lawsuit. The principle of hearing a lawsuit as a procedural principle has a direct and undeniable impact on the law, judicial procedure, doctrinal opinions, the government, society, the judge and the surroundings of the lawsuit.
Keywords

Subjects