Rational requirements of demand
the principle of dominance of the parties to the determination of the matter of the dispute, which is known in French law as the principle of dispositif, requires that the judge have no right or obligation to determine the matter of the dispute and its territory. The Judge is obliged to deal with di...
| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
| Published: |
Allameh Tabataba'i University Press
2020-09-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| Subjects: | |
| Online Access: | https://jplr.atu.ac.ir/article_12152_42d819bd1f718c603308ef3464438e8b.pdf |
| _version_ | 1827398502941982720 |
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| author | khirallah hormozi seyed faridodin takapoo |
| author_facet | khirallah hormozi seyed faridodin takapoo |
| author_sort | khirallah hormozi |
| collection | DOAJ |
| description | the principle of dominance of the parties to the determination of the matter of the dispute, which is known in French law as the principle of dispositif, requires that the judge have no right or obligation to determine the matter of the dispute and its territory. The Judge is obliged to deal with disputes within the scope of the matters determined by the parties. nevertheless Sometimes what the plaintiff mentions in his petition has such rational and logical affirmations so that it is impossible for the judge to handle the litigation without addressing them. The reluctance of the court to deal with these instances stems from the fact that these matters have not been explicitly and directly mentioned in the petition, but according to the nature of the claim, the proving the demand would requires proof of its necessity. In this article we are trying to prove the hypothesis that the demand proves rational and logical requirements and it is not in conflict with the principle of dominance of the parties over the matter of fact and the principle of immutability of litigation. |
| first_indexed | 2024-03-08T19:29:36Z |
| format | Article |
| id | doaj.art-9d0055ea30f54c1fbb8d9e1b14d0f726 |
| institution | Directory Open Access Journal |
| issn | 2345-3583 2476-6232 |
| language | fas |
| last_indexed | 2024-03-08T19:29:36Z |
| publishDate | 2020-09-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| spelling | doaj.art-9d0055ea30f54c1fbb8d9e1b14d0f7262023-12-26T07:49:01ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī2345-35832476-62322020-09-01932295110.22054/jplr.2021.47845.231612152Rational requirements of demandkhirallah hormozi0seyed faridodin takapoo1Associate Professor of Private Law, Allameh Tabataba'i University, Tehran, IranPhD Student in Private Law, Allameh Tabataba'i University, Tehran, Iranthe principle of dominance of the parties to the determination of the matter of the dispute, which is known in French law as the principle of dispositif, requires that the judge have no right or obligation to determine the matter of the dispute and its territory. The Judge is obliged to deal with disputes within the scope of the matters determined by the parties. nevertheless Sometimes what the plaintiff mentions in his petition has such rational and logical affirmations so that it is impossible for the judge to handle the litigation without addressing them. The reluctance of the court to deal with these instances stems from the fact that these matters have not been explicitly and directly mentioned in the petition, but according to the nature of the claim, the proving the demand would requires proof of its necessity. In this article we are trying to prove the hypothesis that the demand proves rational and logical requirements and it is not in conflict with the principle of dominance of the parties over the matter of fact and the principle of immutability of litigation.https://jplr.atu.ac.ir/article_12152_42d819bd1f718c603308ef3464438e8b.pdfprinciple dispositivematter of factimplicit demandmatter of law |
| spellingShingle | khirallah hormozi seyed faridodin takapoo Rational requirements of demand Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī principle dispositive matter of fact implicit demand matter of law |
| title | Rational requirements of demand |
| title_full | Rational requirements of demand |
| title_fullStr | Rational requirements of demand |
| title_full_unstemmed | Rational requirements of demand |
| title_short | Rational requirements of demand |
| title_sort | rational requirements of demand |
| topic | principle dispositive matter of fact implicit demand matter of law |
| url | https://jplr.atu.ac.ir/article_12152_42d819bd1f718c603308ef3464438e8b.pdf |
| work_keys_str_mv | AT khirallahhormozi rationalrequirementsofdemand AT seyedfaridodintakapoo rationalrequirementsofdemand |