Criteria For Exactitude of Judge‘s Verdict Based on International Documents (With Emphasis on Family Litigation)

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Zabihi Atefeh

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Journal Paper

Paper Information

Journal: THE JUDICIARY’S LAW JOURNAL Year:2022 | Volume:86 | Issue:120 Page(s): 117-138

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Information Journal Paper

Title

Criteria For Exactitude of Judge‘s Verdict Based on International Documents (With Emphasis on Family Litigation)

Author(s)

Zabihi Atefeh | Issue Writer Certificate

Keywords

Universal Human Rights Instruments

Judicial System

Family Court

Validity of Verdict

Domestic Court Decisions

Abstract

One of the elements of a fair and efficient judicial system is the exactitude and integrity of verdicts issued by the courts of this system at different levels of the judicial structure. To obtain this feature in the verdicts, judges should observe and consider some criteria. In this regard, the judges are obliged to explain the reasons and causes of their judgment in detail when they are writing the justifiable reasons in the verdict. In some cases, human rights documents may be cited as the reason for the verdict at the discretion of the judge. So judges must observe some special formal and substantive principles. Because the hierarchy of norms in the legal system is different in the domestic legal system, and the type of document (and how to approve anyone) affects on binding of each document, the present study seeks (by using a descriptive-analytical method) to identify and explain the criteria for the validity and Impeccability of the verdicts issued by family courts in this matter (by using the opinions and experiences of judges). Finally, the author has expressed these indicators in the form of general rules of composition of the verdict and special requirements of criteria for exactitude and integrity of judges' verdicts based on International Documents in family litigation.

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