A Study of the Elements of Justification and Interpretation of Judgments of Legal Courts by Studying the Law of Iran and Lebanon and the Principles of Transnational Civil Procedure

Document Type : Original Article

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Abstract

The court's decision, as a result of the litigation process, has the elements and conditions that the law deems necessary to be justified. Article 166 of the Constitution and paragraph 4 of Article 296 of the Code of Civil Procedure of Iran refer to these elements and conditions. The substantiation of the court's decision from the substantive point of view requires the expression of elements of litigation which, as the pillars of the verdict, contain the substantive, judicial and affirmative content of the litigation in the form of a logical argument. The main element of the court's decision to be justified is formed by the presentation of thematic matters by the litigants; Then, by describing these matters by the court, it becomes thematic. Proof of the subject matter, which is done through legal proof evidence and in order to satisfy the judge's conscience, constitutes the proof element of the court's decision. The description and application of the matter presented in accordance with the rule of law must be announced in the court decision. This part of the court's verdict is called a verdict. All these elements must justify the result of the vote in an argumentative way and in order to convince the participants and even the general public.

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Political Sociology of Iran
Volume 4, Issue 4 - Serial Number 16
February 2022
Pages 1013-1034

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