Requirements on the application of the Collective Litigation procedure in the Iranian Legal System of Iran

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Soltani Seyyed Naser; MANSOURI BOROUJENI MOHAMMAD

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Journal: Comparative Law Researches Year:2019 | Volume:22 | Issue:4 (102) Page(s): 95-117

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Information Journal Paper

Title

Requirements on the application of the Collective Litigation procedure in the Iranian Legal System of Iran

Author(s)

Soltani Seyyed Naser | MANSOURI BOROUJENI MOHAMMAD | Issue Writer Certificate

Keywords

Collective LitigationQ1

GroupQ1

Adequacy of RepresentationQ1

Reconciliation on a False ClaimQ1

Voluntary OrganizingQ1

Abstract

Collective Litigation is a proper tool which can empower vulnerable people by collecting the power of numerous and affected but disempowered people against a powerful party. Before importing the procedure in our legal we need to respond some theoretical problems. First is the dependence to Group and disappearing personal autonomy in a Collective Litigation, however the procedure can ensure the litigant interests in the best way. Second is the promotion of unfair compromises-or in other words-legalized blackmail. It's really a defect in the procedure, but Shiite's Fiqh validates a conciliation that based on an untrue claim. Finally, the third is the intervention of an unauthorized representative. We may solve this problem by the concept of Adequacy of Representation on the context of a functional red of unauthorized representative. Explanation of these main problems shows us that using of the procedure still is better than ignoring. The peper concludes that utilizing this procedure need to promote the Groups' position in our legal system.

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APA: Copy

Soltani, Seyyed Naser, & MANSOURI BOROUJENI, MOHAMMAD. (2019). Requirements on the application of the Collective Litigation procedure in the Iranian Legal System of Iran. COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), 22(4 (102) ), 95-117. SID. https://sid.ir/paper/395977/en

Vancouver: Copy

Soltani Seyyed Naser, MANSOURI BOROUJENI MOHAMMAD. Requirements on the application of the Collective Litigation procedure in the Iranian Legal System of Iran. COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES)[Internet]. 2019;22(4 (102) ):95-117. Available from: https://sid.ir/paper/395977/en

IEEE: Copy

Seyyed Naser Soltani, and MOHAMMAD MANSOURI BOROUJENI, “Requirements on the application of the Collective Litigation procedure in the Iranian Legal System of Iran,” COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), vol. 22, no. 4 (102) , pp. 95–117, 2019, [Online]. Available: https://sid.ir/paper/395977/en

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