Analysis of the principles of the initiative of litigants in civil proceedings

Document Type : Original Article

Authors

1 PhD student, Private Law, Farabi Campus, Tehran University, Tehran.

2 , Associate Professor, Farabi Campus, Tehran University, Tehran

Abstract

The principle of initiative of civil litigants is one of the strategic principles of civil proceedings. Based on this principle, what plays the first role in the formation, continuation and termination of the civil proceedings is the will of the litigants. There is a difference of opinion among jurists regarding the basics of this principle. According to the theory of accusatory proceedings, the dispute belongs to the parties, and the judge, without participating in the discovery of the truth of the matter, as it is, is satisfied with a ceremonial reality, and his conscience is based solely on what the parties prove to him by expressing their reasons. They do, it is persuasive. Based on the theory of ritual justice, the court should judge what it considers to be correct according to the reasons expressed by the defendants, and the court's decision should be substantiated and documented according to the law and the evidence in the case and evaluated from the perspective of a fair trial. According to the principle of the sovereignty of the will, the will of the litigants is manifested in controlling various aspects of the civil proceedings: including the initiation and continuation of the proceedings and the cooperation between the litigants and the court. The place of this principle in Iranian law is also of interest and it is noticeable that there are many legal evidences of the judicial actions of the judge with regard to the requests of the defendants, which can be justified from the point of view of the accusation of the Iranian judicial system, which is one of the bases justifying the principle. is.

Keywords

Political Sociology of Iran
Volume 4, Issue 4 - Serial Number 16
February 2022
Pages 2912-2924

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