Historical Study of Lawsuit Management by the Judge and the Realm of its Involvement in Iran’s Civil Trial
Tārīkh-i pizishkī i.e., Medical History,
Vol. 12 No. 00 (1399),
13 September 2020
,
Page 195-208
https://doi.org/10.22037/mhj.v12i1.33596
Abstract
Objective and Background: The Historical Evolutions of the Lawsuit Management in the Advanced Legal Systems Signify that a Vast Part of the Efforts in the Area of Trial have Been Spent for the Creation of a Fair and Truth-Oriented System. The Arrival at this Optimum Entails Designing a Precise and Comprehensive Method of Trial Process Wherein Each of the Lawsuit Actors, i.e. the Judge and the Parties, are Provided With Equal Facilities for Winning the Case. The Present Article Aims at Exerting Efficient Regulations for Preventing Carelessness, Imposition of Costs, Loss of Opportunity and Psychological Pressures Stemming From the Legal Case’s Stress.
Study Method: This Descriptive-Analytical Article has Been Carried out Through Library Research and Note-Taking has been the Method of Choice for Data Collection.
Ethical Considerations: This Article has Been Prepared and Codified Through Adherence to Honesty and Without Unscientific and Unspecialized Bias and With Respect to the Intellectual Rights of the Authors.
Study Findings: The Study Findings Signified That the Positive and Constructive Evolutions Brought About in the Area of Lawsuit Management have Resulted in the Concomitant and Good Will-Based Cooperation Between the Judge and the Lawsuit Parties. The Observation of the Regulations, the Principles Governing the Trial Process and the Legal Doctrine Indicated That the Distribution of the Roles is to a Large Extent Balanced in the Area of the Factual and Judicial Affairs and that this Balance is Reflective of the Judges and Parties’ Correct Management of the Lawsuit.
Conclusion: Although There are Superiorities in the Civil Lawsuits With them Belonging to the Lawsuit Parties in the Factual Affairs and to the Judge in the Judicial Affairs, This Relative Superiority Does not Cause the Role of the Judge in Administrating the Factual Affairs and that of the Lawsuit Parties in Administrating the Judicial Affairs to be Passive and Less Important. In Fact, Lawsuit Management is a Manifestation of the Analytical Investigations Along With Related Economic Matters and Seeks Better Perception of the Lawsuit as a Legal-Economic Phenomenon From the Perspective of the Administration of the Trial Actors’ Mutual Behaviors.
Please cite this article as: Mobini Majd Kh, Habibi Darghah B, Badini H, Pahlevan Zadeh A. Historical Study of Lawsuit Management by the Judge and the Realm of its Involvement in Iran’s Civil Trial. Med Hist J, Special Issue on the History of Islam and Iran 2020; 195-208.
- Lawsuit management; Principle of Lawsuit Invariability; Judge; Civil Trial; Historical Analysis
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References
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