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 |
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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 |
| _version_ | 1797296438684680192 |
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| author | Mohammad Moloudi Bizhan Haji Azizi Mehdi Hamzehhoweyda |
| author_facet | Mohammad Moloudi Bizhan Haji Azizi Mehdi Hamzehhoweyda |
| author_sort | Mohammad Moloudi |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-03-07T22:04:44Z |
| format | Article |
| id | doaj.art-e7e6f43f330a48a0a49aecb21d060b1d |
| institution | Directory Open Access Journal |
| issn | 2008-7012 2717-0330 |
| language | fas |
| last_indexed | 2024-03-07T22:04:44Z |
| publishDate | 2018-12-01 |
| publisher | Semnan University |
| record_format | Article |
| series | مطالعات فقه و حقوق اسلامی |
| spelling | doaj.art-e7e6f43f330a48a0a49aecb21d060b1d2024-02-23T23:19:31ZfasSemnan Universityمطالعات فقه و حقوق اسلامی2008-70122717-03302018-12-01101932935810.22075/feqh.2017.12323.12473431Modification of imperfect acts in civil procedureMohammad Moloudi0Bizhan Haji Azizi1Mehdi Hamzehhoweyda2Bu-ali sina UniversiryBu-ali sina UniversityBu-ali sina UniversiryGiving 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.https://feqh.semnan.ac.ir/article_3431_dd8c1763b8261d19f26ca5f60b58acfe.pdftheory of nullitymodificationbasic defectformal defectsubstantial defect |
| spellingShingle | Mohammad Moloudi Bizhan Haji Azizi Mehdi Hamzehhoweyda Modification of imperfect acts in civil procedure مطالعات فقه و حقوق اسلامی theory of nullity modification basic defect formal defect substantial defect |
| title | Modification of imperfect acts in civil procedure |
| title_full | Modification of imperfect acts in civil procedure |
| title_fullStr | Modification of imperfect acts in civil procedure |
| title_full_unstemmed | Modification of imperfect acts in civil procedure |
| title_short | Modification of imperfect acts in civil procedure |
| title_sort | modification of imperfect acts in civil procedure |
| topic | theory of nullity modification basic defect formal defect substantial defect |
| url | https://feqh.semnan.ac.ir/article_3431_dd8c1763b8261d19f26ca5f60b58acfe.pdf |
| work_keys_str_mv | AT mohammadmoloudi modificationofimperfectactsincivilprocedure AT bizhanhajiazizi modificationofimperfectactsincivilprocedure AT mehdihamzehhoweyda modificationofimperfectactsincivilprocedure |