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...
Main Authors: | , , |
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Format: | Article |
Language: | fas |
Published: |
Semnan University
2018-12-01
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Series: | مطالعات فقه و حقوق اسلامی |
Subjects: | |
Online Access: | https://feqh.semnan.ac.ir/article_3431_dd8c1763b8261d19f26ca5f60b58acfe.pdf |
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. |
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ISSN: | 2008-7012 2717-0330 |