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Information Journal Paper

Title

Issue Preclusion res Judicta Penal in Civil in Iran and France Law

Pages

  267-290

Abstract

 Ratification of the code of penal procedure in 1392 according to the law 1378 which considered the court of general jurisdiction had raised this question that what shall be the consequences by the separation of legal and criminal authorities? One of these effects would be the effectiveness of the legal authority from the criminal. Nevertheless to what extent are the conditions and the scope thereof legislator mentioned just the term effectiveness of the penal judgment over the judicial decision in Article 18 law 1392 while the term expressed clearly and we must study essential elements criminal review analyze the subject. In this article is that matter examining the range issue preclusion res Judicata Penal in Civil by mentioning the fundamentals the description and the condition of the principle mentioned above and by suggesting some judgment in the law of Iran and France through rationalizing the priority of the legal affair over penal. Finally, we have specified the exception of this subject related to the third party suffers in a loss of crime and deal with intention escape of debt. Method of research is based on style descriptive, analytical and functional (legal procedure). The principle result that in the paper was the rear is the act of proving existence the right third party suffer in a loss of law as mentioned earlier.

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    • Cite

    APA: Copy

    Asgaritavani, Ali, MOHSENI, HASAN, mahdavisabet, mohammadali, & Amini, Mansoor. (2021). Issue Preclusion res Judicta Penal in Civil in Iran and France Law. THE JUDICIARY’S LAW JOURNAL, 84(112 ), 267-290. SID. https://sid.ir/paper/386734/en

    Vancouver: Copy

    Asgaritavani Ali, MOHSENI HASAN, mahdavisabet mohammadali, Amini Mansoor. Issue Preclusion res Judicta Penal in Civil in Iran and France Law. THE JUDICIARY’S LAW JOURNAL[Internet]. 2021;84(112 ):267-290. Available from: https://sid.ir/paper/386734/en

    IEEE: Copy

    Ali Asgaritavani, HASAN MOHSENI, mohammadali mahdavisabet, and Mansoor Amini, “Issue Preclusion res Judicta Penal in Civil in Iran and France Law,” THE JUDICIARY’S LAW JOURNAL, vol. 84, no. 112 , pp. 267–290, 2021, [Online]. Available: https://sid.ir/paper/386734/en

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