The Prohibition\'s Sanction of Abuse of Rights in Iranian and French Civil Proceedings
Litigants have several rights in civil proceedings; these rights may be abused. In this regard, according to Article 40 of the Iran's Constitution and other principles (including the role of prohibiting the abuse of rights as one of the legal principles, paying attention to the purpose of civil...
| Main Authors: | , , |
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| Format: | Article |
| Language: | fas |
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Tarbiat Modares University
2023-12-01
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| Series: | پژوهش های حقوق تطبیقی |
| Subjects: | |
| Online Access: | http://clr.modares.ac.ir/article-20-70754-en.pdf |
| _version_ | 1827205626784120832 |
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| author | mohammad bafahm azizolah fahimi Mahdi Hasanzadeh |
| author_facet | mohammad bafahm azizolah fahimi Mahdi Hasanzadeh |
| author_sort | mohammad bafahm |
| collection | DOAJ |
| description | Litigants have several rights in civil proceedings; these rights may be abused. In this regard, according to Article 40 of the Iran's Constitution and other principles (including the role of prohibiting the abuse of rights as one of the legal principles, paying attention to the purpose of civil proceedings, public order, and the role of ethics in law), the abuse of rights in civil proceedings is also prohibited. Prohibition of abuse of rights, like other legal rules, requires a sanction; according to this, it is necessary to identify the sanction of this legal principle, and the present research has been presented for this purpose. The results of this article indicate that the prohibition's sanction of the abuse of rights in civil proceedings is divided into two categories: general sanction (including "non-ordering of the effect on the abusive act" and "compensation") and special sanction (including "civil fine" and "criminal responsibility"). Each of these sanctions have specific nature, conditions and rules that are explained in this research. |
| first_indexed | 2024-04-24T11:54:36Z |
| format | Article |
| id | doaj.art-8cfecba039da4571820140ff7ea8bcd6 |
| institution | Directory Open Access Journal |
| issn | 2251-6751 2476-6801 |
| language | fas |
| last_indexed | 2025-03-21T12:11:17Z |
| publishDate | 2023-12-01 |
| publisher | Tarbiat Modares University |
| record_format | Article |
| series | پژوهش های حقوق تطبیقی |
| spelling | doaj.art-8cfecba039da4571820140ff7ea8bcd62024-06-30T08:28:20ZfasTarbiat Modares Universityپژوهش های حقوق تطبیقی2251-67512476-68012023-12-01273148The Prohibition\'s Sanction of Abuse of Rights in Iranian and French Civil Proceedingsmohammad bafahm0azizolah fahimi1Mahdi Hasanzadeh2 Ph. D. Student in Private Law, Qom University, Qom, Iran Assosiate Professor in Private Law, Qom University, Qom, Iran Assosiate Professor in Private Law , Qom University , Qom, Iran Litigants have several rights in civil proceedings; these rights may be abused. In this regard, according to Article 40 of the Iran's Constitution and other principles (including the role of prohibiting the abuse of rights as one of the legal principles, paying attention to the purpose of civil proceedings, public order, and the role of ethics in law), the abuse of rights in civil proceedings is also prohibited. Prohibition of abuse of rights, like other legal rules, requires a sanction; according to this, it is necessary to identify the sanction of this legal principle, and the present research has been presented for this purpose. The results of this article indicate that the prohibition's sanction of the abuse of rights in civil proceedings is divided into two categories: general sanction (including "non-ordering of the effect on the abusive act" and "compensation") and special sanction (including "civil fine" and "criminal responsibility"). Each of these sanctions have specific nature, conditions and rules that are explained in this research.http://clr.modares.ac.ir/article-20-70754-en.pdfkeywords: legal principlesgood faithpunishmentconfront the abuse of right |
| spellingShingle | mohammad bafahm azizolah fahimi Mahdi Hasanzadeh The Prohibition\'s Sanction of Abuse of Rights in Iranian and French Civil Proceedings پژوهش های حقوق تطبیقی keywords: legal principles good faith punishment confront the abuse of right |
| title | The Prohibition\'s Sanction of Abuse of Rights in Iranian and French Civil Proceedings |
| title_full | The Prohibition\'s Sanction of Abuse of Rights in Iranian and French Civil Proceedings |
| title_fullStr | The Prohibition\'s Sanction of Abuse of Rights in Iranian and French Civil Proceedings |
| title_full_unstemmed | The Prohibition\'s Sanction of Abuse of Rights in Iranian and French Civil Proceedings |
| title_short | The Prohibition\'s Sanction of Abuse of Rights in Iranian and French Civil Proceedings |
| title_sort | prohibition s sanction of abuse of rights in iranian and french civil proceedings |
| topic | keywords: legal principles good faith punishment confront the abuse of right |
| url | http://clr.modares.ac.ir/article-20-70754-en.pdf |
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