Distinction of Formal Nullity from other Causes of Non-Acceptance
Taking into account the fact that in Iranian and French law, formal defects of petition can be recoverable; the appellant is interested in regarding the cause of nullity as formal one. Conversely, the defendant is interested in considering the cause of nullity as non-formal to render the reject of p...
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| Format: | Article |
| Language: | fas |
| Published: |
Allameh Tabataba'i University Press
2019-02-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| Subjects: | |
| Online Access: | https://jplr.atu.ac.ir/article_9483_73e86e5efc58a6bb4c5eb8aec983fca2.pdf |
| _version_ | 1797375832054824960 |
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| author | Reza Shokoohizadeh Asghar Arabiyan |
| author_facet | Reza Shokoohizadeh Asghar Arabiyan |
| author_sort | Reza Shokoohizadeh |
| collection | DOAJ |
| description | Taking into account the fact that in Iranian and French law, formal defects of petition can be recoverable; the appellant is interested in regarding the cause of nullity as formal one. Conversely, the defendant is interested in considering the cause of nullity as non-formal to render the reject of petition, immediately by the court. Tendency of jurisprudence toward each of these conflicting interests may disorder the balance of Civil Procedure. But hesitancy of jurisprudence in determining the cases of formal nullity is more dangerous than excessive resort to each solution. This hesitancy resulted in non-predictability of the cases in Iranian Jurisprudence. Reject of appeal by the court, without possibility of correction of defects, encourage the debtor to refuse from the compromise with creditor. This Article is an attempt to distinction of formal defects of petition from substantive defects and cases of non-acceptance of litigation. On the other hand, in each case, some suggestions have been rendered. But the fist aim of this Article is to clarify the divergent tendencies in Iranian Jurisprudence in respect of the subject matter of this Article. |
| first_indexed | 2024-03-08T19:29:55Z |
| format | Article |
| id | doaj.art-dfa0f637fb424db7a638d40ea0671f68 |
| institution | Directory Open Access Journal |
| issn | 2345-3583 2476-6232 |
| language | fas |
| last_indexed | 2024-03-08T19:29:55Z |
| publishDate | 2019-02-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| spelling | doaj.art-dfa0f637fb424db7a638d40ea0671f682023-12-26T07:48:26ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī2345-35832476-62322019-02-0172514517010.22054/jplr.2018.21935.15669483Distinction of Formal Nullity from other Causes of Non-AcceptanceReza Shokoohizadeh0Asghar Arabiyan1Assistant professor, Private and Islamic Law Department, University of Tehran, Theran, IRAN.Assistant professor, Islamic Law and Jurisprudence Department, Islamic Azad University, Theran, IRANTaking into account the fact that in Iranian and French law, formal defects of petition can be recoverable; the appellant is interested in regarding the cause of nullity as formal one. Conversely, the defendant is interested in considering the cause of nullity as non-formal to render the reject of petition, immediately by the court. Tendency of jurisprudence toward each of these conflicting interests may disorder the balance of Civil Procedure. But hesitancy of jurisprudence in determining the cases of formal nullity is more dangerous than excessive resort to each solution. This hesitancy resulted in non-predictability of the cases in Iranian Jurisprudence. Reject of appeal by the court, without possibility of correction of defects, encourage the debtor to refuse from the compromise with creditor. This Article is an attempt to distinction of formal defects of petition from substantive defects and cases of non-acceptance of litigation. On the other hand, in each case, some suggestions have been rendered. But the fist aim of this Article is to clarify the divergent tendencies in Iranian Jurisprudence in respect of the subject matter of this Article.https://jplr.atu.ac.ir/article_9483_73e86e5efc58a6bb4c5eb8aec983fca2.pdf"formaldefect""substantialirregularity""injunctionof non-hearing" |
| spellingShingle | Reza Shokoohizadeh Asghar Arabiyan Distinction of Formal Nullity from other Causes of Non-Acceptance Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī "formal defect" "substantial irregularity" "injunction of non-hearing" |
| title | Distinction of Formal Nullity from other Causes of Non-Acceptance |
| title_full | Distinction of Formal Nullity from other Causes of Non-Acceptance |
| title_fullStr | Distinction of Formal Nullity from other Causes of Non-Acceptance |
| title_full_unstemmed | Distinction of Formal Nullity from other Causes of Non-Acceptance |
| title_short | Distinction of Formal Nullity from other Causes of Non-Acceptance |
| title_sort | distinction of formal nullity from other causes of non acceptance |
| topic | "formal defect" "substantial irregularity" "injunction of non-hearing" |
| url | https://jplr.atu.ac.ir/article_9483_73e86e5efc58a6bb4c5eb8aec983fca2.pdf |
| work_keys_str_mv | AT rezashokoohizadeh distinctionofformalnullityfromothercausesofnonacceptance AT asghararabiyan distinctionofformalnullityfromothercausesofnonacceptance |