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
The issue of relativity of court opinions and rulings is a very important issue that can be studied in jurisprudence and law. The basis of this issue can be the guarantee of a fair trial and the rights of third parties in the trial process. This basis has been accepted in the laws of Iran and Canada by accepting the relativity of opinions and rulings, so that in some issues, its effect can be seen in He examined and studied the rulings and rights of individuals. In Iranian law, in Articles 44 and 146 of the Law on the Execution of Civil Judgments, the absolute principle of votes is also accepted.And in the second clause of Article 439 of the Trade Law, the principle of relativity of votes can also be studied. Therefore, this issue is also evident in Canadian law, and in Article 647 of the Canadian Civil Procedure Code, it is stated that if the judge has not previously ruled on a part of the subject matter of the lawsuit, or if such a decision is necessary to protect the rights of third parties, the court can oblige the applicant to provide a guarantee. Therefore, one of the important goals in writing this article is to examine the course of development and explain the basis of the relativity of court rulings in Iranian and Canadian law with a descriptive-analytical method. Being and neutrality of the judge and other jurisprudential and legal bases.
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