Distinction of Formal Nullity from other Causes of Non-Acceptance

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SHOKOOHIZADEH REZA; Arabiyan Asghar

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Journal: PRIVATE LAW Year:2019 | Volume:7 | Issue:25 Page(s): 145-171

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Information Journal Paper

Title

Distinction of Formal Nullity from other Causes of Non-Acceptance

Author(s)

SHOKOOHIZADEH REZA | Arabiyan Asghar | Issue Writer Certificate

Keywords

Formal defectQ1

substantial irregularityQ2

injunction of non-hearingQ1

Abstract

Taking into account the fact that in Iranian and French law, Formal defects of petition can be recoverable; the appellant is interested in regarding the cause of nullity as formal one. Conversely, the defendant is interested in considering the cause of nullity as non-formal to render the reject of petition, immediately by the court. Tendency of jurisprudence toward each of these conflicting interests may disorder the balance of Civil Procedure. But hesitancy of jurisprudence in determining the cases of formal nullity is more dangerous than excessive resort to each solution. This hesitancy resulted in non-predictability of the cases in Iranian Jurisprudence. Reject of appeal by the court, without possibility of correction of defects, encourage the debtor to refuse from the compromise with creditor. This Article is an attempt to distinction of Formal defects of petition from substantive defects and cases of non-acceptance of litigation. On the other hand, in each case, some suggestions have been rendered. But the fist aim of this Article is to clarify the divergent tendencies in Iranian Jurisprudence in respect of the subject matter of this Article.

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APA: Copy

SHOKOOHIZADEH, REZA, & Arabiyan, Asghar. (2019). Distinction of Formal Nullity from other Causes of Non-Acceptance. PRIVATE LAW, 7(25 ), 145-171. SID. https://sid.ir/paper/252641/en

Vancouver: Copy

SHOKOOHIZADEH REZA, Arabiyan Asghar. Distinction of Formal Nullity from other Causes of Non-Acceptance. PRIVATE LAW[Internet]. 2019;7(25 ):145-171. Available from: https://sid.ir/paper/252641/en

IEEE: Copy

REZA SHOKOOHIZADEH, and Asghar Arabiyan, “Distinction of Formal Nullity from other Causes of Non-Acceptance,” PRIVATE LAW, vol. 7, no. 25 , pp. 145–171, 2019, [Online]. Available: https://sid.ir/paper/252641/en

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