Modification of imperfect acts in civil procedure

Giving opportunity of modification is one of the sanctions against imperfect acts and measures which can be considered as the lowest cost and most defensive sanctions. Modification of acts has been analyzed in the light of “Theory of Nullity” and has taken important chapter in different countries. C...

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Bibliographic Details
Main Authors: Mohammad Moloudi, Bizhan Haji Azizi, Mehdi Hamzehhoweyda
Format: Article
Language:fas
Published: Semnan University 2018-12-01
Series:مطالعات فقه و حقوق اسلامی
Subjects:
Online Access:https://feqh.semnan.ac.ir/article_3431_dd8c1763b8261d19f26ca5f60b58acfe.pdf
Description
Summary:Giving opportunity of modification is one of the sanctions against imperfect acts and measures which can be considered as the lowest cost and most defensive sanctions. Modification of acts has been analyzed in the light of “Theory of Nullity” and has taken important chapter in different countries. Civil procedure of France distinguishes between formal and substantive defects and devises special conditions and order for each of them. In Egyptian law, modification of acts can be done by perfecting or achieving to goal and purpose. It seems civil procedure of Iran needs to codification of system for modification. Accepting modification capacity for non-basic and subsidiary defects is compatible with our bases of Iranian civil procedure law and it seems first step should be taken on this basis in our law.
ISSN:2008-7012
2717-0330