Morality and fair procedure in the light of predictability principle of procedure rules

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GHANAVATI JALIL; MONDANI ESLAM

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Journal: ETHICAL RESEARCH (RESEARCH JOURNAL OF THE ASSOCIATION FOR ISLAMIC THOUGHT) Year:2018 | Volume:8 | Issue:3 Page(s): 159-183

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Title

Morality and fair procedure in the light of predictability principle of procedure rules

Author(s)

GHANAVATI JALIL | MONDANI ESLAM | Issue Writer Certificate

Keywords

civil procedure predictability principle of the prevention of taking evidenceQ1

Morality in procedureQ1

Principle of Prohibition of EducationQ1

reasonQ3

The principle of correspondenceQ1

Principle of co-operationQ2

Abstract

The relationship between morality and law is a definite affirmation and endorsement of philosophers, ethical thinkers and lawyers. Ethics in the process of procedure are one of the issues that can be specifically addressed in relation to these two issues. Predictability principle in civil procedure is considered as one of civil fair procedure principles, looking carefully at provisions of the civil procedure code of Iran and other regulations and Shiite jurisprudence judicial discussions related to the role of judge and the evidences, predictability principle can be recognized in Iran civil procedure code as civil fair procedure principle. Documents of matching transnational procedure and documents and rules of arbitration sample significantly support predictability principle in civil procedure in judges performance and litigants of private disputes in relation to evidence. The relationship of other procedure principles is sometimes coordinated with predictability principle such as contradiction principle, parties despotic domination principle on civil claim, and the principle of judge neutrality and sometimes is conflicting with other principles of civil procedure such as prohibition of unduly prolonging civil procedure principle, the principle of civil partys hearing right. In this field, the exact scope and the quality of implementing this principle should be carefully investigated in the light of other civil fair procedure. The sanction of violating implementation of the predictability principle in the civil procedure is invalidity of judicial decisions and possibility of research or appeal violation in this principle of civil fair procedure. The research method is descriptive and analytical.

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APA: Copy

GHANAVATI, JALIL, & MONDANI, ESLAM. (2018). Morality and fair procedure in the light of predictability principle of procedure rules. ETHICAL RESEARCH (RESEARCH JOURNAL OF THE ASSOCIATION FOR ISLAMIC THOUGHT), 8(3 ), 159-183. SID. https://sid.ir/paper/368365/en

Vancouver: Copy

GHANAVATI JALIL, MONDANI ESLAM. Morality and fair procedure in the light of predictability principle of procedure rules. ETHICAL RESEARCH (RESEARCH JOURNAL OF THE ASSOCIATION FOR ISLAMIC THOUGHT)[Internet]. 2018;8(3 ):159-183. Available from: https://sid.ir/paper/368365/en

IEEE: Copy

JALIL GHANAVATI, and ESLAM MONDANI, “Morality and fair procedure in the light of predictability principle of procedure rules,” ETHICAL RESEARCH (RESEARCH JOURNAL OF THE ASSOCIATION FOR ISLAMIC THOUGHT), vol. 8, no. 3 , pp. 159–183, 2018, [Online]. Available: https://sid.ir/paper/368365/en

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