A Comparative Study on the Principle of Immutability of Litigation in the Iranian and American Laws

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ELSAN MOSTAFA; Mahmoodi Nasibeh

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Journal: COMPARATIVE LAW REVIEW Year:2019 | Volume:9 | Issue:2 Page(s): 473-491

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Information Journal Paper

Title

A Comparative Study on the Principle of Immutability of Litigation in the Iranian and American Laws

Author(s)

ELSAN MOSTAFA | Mahmoodi Nasibeh | Issue Writer Certificate

Keywords

immutability of litigationQ1

defense rightQ1

correspondenceQ2

speedQ1

Abstract

Based on »the principle of immutability of litigation«, although the parties to a dispute have dominance on the thematic elements of legal claim, when the petition is set by the plaintiff, all the wanted issues must be stipulated clearly in the offered petition by lawful condition observance, and also the defendant has defense right, under this required framework. After the commencement of a trial, making changes is limited which are followed in the whole trial. The purpose of this principle is to show that although parties have free hearing right and defense right, based on the necessity of legal defense, discipline in the trial and speedy judgment consideration, they are limited on the principle of immutability of litigation. This study seeks to specify position of this principle in the Iranian civil procedure and the American Federal law (Federal rules of Civil procedure), basics of the principle and identify its exceptions for its better execution.

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APA: Copy

ELSAN, MOSTAFA, & Mahmoodi, Nasibeh. (2019). A Comparative Study on the Principle of Immutability of Litigation in the Iranian and American Laws. COMPARATIVE LAW REVIEW, 9(2 ), 473-491. SID. https://sid.ir/paper/246396/en

Vancouver: Copy

ELSAN MOSTAFA, Mahmoodi Nasibeh. A Comparative Study on the Principle of Immutability of Litigation in the Iranian and American Laws. COMPARATIVE LAW REVIEW[Internet]. 2019;9(2 ):473-491. Available from: https://sid.ir/paper/246396/en

IEEE: Copy

MOSTAFA ELSAN, and Nasibeh Mahmoodi, “A Comparative Study on the Principle of Immutability of Litigation in the Iranian and American Laws,” COMPARATIVE LAW REVIEW, vol. 9, no. 2 , pp. 473–491, 2019, [Online]. Available: https://sid.ir/paper/246396/en

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