Document Type : Original Article
Authors
1
Assistant Professor of Private Law Department, Damavand Branch, Islamic Azad University, Damavand, Iran and Madras and Assistant Professor of Private Law Department, Ardabil Branch, Islamic Azad University, Ardabil, Iran
2
Doctoral student of private law department, Ardabil branch, Islamic Azad University, Ardabil, Iran
3
Assistant Professor, Department of Jurisprudence and Law, Ardabil Branch, Islamic Azad University, Ardabil, Iran
Abstract
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The relativity of rulings in the present era is one of the most important issues that has been assigned an important territory in legislative policy and judicial procedure, and in this regard, there have been many differences of opinion, and some of the principles are based on the absoluteness of rulings and opinions, and some They have also mentioned the relativity of rulings and opinions. In such a way that the relativity of opinions and rulings has been accepted and cited in the judgment number 110/13413/9000 dated 9/11/1400 in the judicial procedure of Iran, which extends its scope in the judicial procedure. It seems that this matter has a suitable legal scope in Canadian law, so that the principle of relativity of judgments is explicitly accepted in Article 655 of the Canadian Civil Procedure Code.In Article 150 of the Canadian Civil Procedure Code, it is also mentioned that: "The contents of the accepted case or the judgments of the court are binding for the parties, which each of them is required to comply with, including other penalties, paying legal fees that Each of the parties or third parties benefit from it as a person...". In general, the principle of relativity of opinions and judgments is one of the most important issues in Iranian and Canadian law, the scope of which has been examined in the following article in a descriptive and analytical way, and we have found that relativity The laws of Iran and Canada have been accepted.
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