The role of Court in Discovering the Cause of Action in Slamic Jurisprudence, Iranian and French Law

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Farzad Masoud; ABOUATA MOHAMMAD; SADAT HOSSEINI SEYED HOSEIN

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Journal: PRIVATE LAW STUDIES Year:2020 | Volume:50 | Issue:1 Page(s): 117-132

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Information Journal Paper

Title

The role of Court in Discovering the Cause of Action in Slamic Jurisprudence, Iranian and French Law

Author(s)

Farzad Masoud | ABOUATA MOHAMMAD | SADAT HOSSEINI SEYED HOSEIN | Issue Writer Certificate

Keywords

ClaimantQ1

DefendantQ2

ClaimQ2

HearingQ2

Legal RuleQ1

Abstract

Under Iranian Civil Procedure Act, Claimant/fa?page=1&sort=1&ftyp=all&fgrp=all&fyrs=all" target="_blank">Claimant, when making Action, has to determine the cause of his/her Action. While according to the paramount opinion in Shiit Jurisprudence, principally the whole Actions have to be heard even when cause of Action has not indicated. From this view point, as a rule, it is the court that is bound, at the commencement of Hearing, to explore the cause of Action and on that basis, makes judicial decision. By accepting this opinion which has been applied in some court's decisions, in addition to respecting the fourth principle of Iranian Constitution, it is possible to transfer the subject of determination and achievement of cause of Action, from the section of formal conditions of petition to the section of Hearing bars which naturally results in changing the decision making authority from court clerk to judge. In French law, although the phrase "cause of Action" has not been used and defined in civil procedure Act and jurist has expressed different opinions in the matter, according to that Act, Claimant/fa?page=1&sort=1&ftyp=all&fgrp=all&fyrs=all" target="_blank">Claimant is obliged to indicate legal and subjective bases of Action.

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APA: Copy

Farzad, Masoud, ABOUATA, MOHAMMAD, & SADAT HOSSEINI, SEYED HOSEIN. (2020). The role of Court in Discovering the Cause of Action in Slamic Jurisprudence, Iranian and French Law. PRIVATE LAW STUDIES, 50(1 ), 117-132. SID. https://sid.ir/paper/125045/en

Vancouver: Copy

Farzad Masoud, ABOUATA MOHAMMAD, SADAT HOSSEINI SEYED HOSEIN. The role of Court in Discovering the Cause of Action in Slamic Jurisprudence, Iranian and French Law. PRIVATE LAW STUDIES[Internet]. 2020;50(1 ):117-132. Available from: https://sid.ir/paper/125045/en

IEEE: Copy

Masoud Farzad, MOHAMMAD ABOUATA, and SEYED HOSEIN SADAT HOSSEINI, “The role of Court in Discovering the Cause of Action in Slamic Jurisprudence, Iranian and French Law,” PRIVATE LAW STUDIES, vol. 50, no. 1 , pp. 117–132, 2020, [Online]. Available: https://sid.ir/paper/125045/en

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