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Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2019
  • Volume: 

    49
  • Issue: 

    3
  • Pages: 

    463-482
Measures: 
  • Citations: 

    0
  • Views: 

    579
  • Downloads: 

    0
Abstract: 

Access to justice should be outlined as one of the fundamental principles in the Civil Procedure. It is an indicator of efficient judiciary and a measure of social justice. Access to justice can be analyzed in terms of physical Access and qualitative Access. The purpose of physical Access is to perform the proper allocation of facilities and resources through the distribution system of qualifications, the systematic development of physical spaces, and so on. By the way, this can make the judicial system more efficient. Qualitative Access is a fair trial within a reasonable time, without undue delay, with standard costs, and ultimately achieving the appropriate compensation and enforceability of the result. In other words, if Access to justice is inexpensive and quality of procedure and outcome is at a high level, it can be said that the justice is more readily Accessible. Real users try to diagnose Accessible justice to examine their experiences of costs and quality. The measurement is done by examining three features of dispute settlement: costs, quality of procedure and quality of outcome. Therefore, this research emphasizes on user-centric approach and the findings are presented based on interviews with actual judicial users. The research method is descriptive-analytical with a library and documents survey that referred to the survey population through questionnaires. The results of the data showed that quality of procedure and quality of outcome is desirable from perspective of users but costs (such as financial costs, opportunity costs and intangible costs) are undesirable. Effective and efficient services require investment in time and quality to reduce the length of the proceedings and provide high quality sentences. The usual cost to people can guarante the Access to justice in Iran's civil justice system.

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Author(s): 

MOHSENI HASSAN

Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2017
  • Volume: 

    47
  • Issue: 

    3
  • Pages: 

    531-550
Measures: 
  • Citations: 

    0
  • Views: 

    2295
  • Downloads: 

    0
Abstract: 

The meaning of Access to justice, is not merely right of Access, but it also means the principle of Access to justice in tribunals as official place for pleading. So, when there is some doubt in the existence of right of action or this right in general tribunal, the principle of Access to justice directs us to this resolution that results in the existence of this right. These two meaning have been accepted in Supreme Court’s Decisions. This survey shows that in our legal system, the notion of generality of Tribunals and Administrative justice Court are not the same. Also when government has not the right of action in that court, supreme had said in its two Unification Decision (No.602 and 699) that can pursuit its lawsuit in general tribunals on behalf and this solution causes a question that if the way and logic of these two Unification Decision can be applied in another cases that our legislator has not foreseen a tribunal for Access to justice? Firstly, we are obliged to analyze the nature of Unification Decision. That decision is not positive Law or a thing as Law but also that decision is the interpretation of unification committee of Supreme Court for unification of law in all over the territory. So before author, Administrative Court of justice by its competence for supervision in administrative law can hear the litigation of government, especially when it is presented in a lawsuit as a claimant or defendant.

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Journal: 

Public Law Research

Issue Info: 
  • Year: 

    2018
  • Volume: 

    20
  • Issue: 

    60
  • Pages: 

    237-259
Measures: 
  • Citations: 

    0
  • Views: 

    531
  • Downloads: 

    0
Abstract: 

Nowadays, environmental protection is a major preoccupation in the international community. One of the essential trends of international environmental law is the presence of non-governmental actors in the formation, application, and control of environmental regulations. Recognition of the legal personality as a player in the international sphere is a general evolution in the protection of the environment. The present article tries to explain the role of non-governmental actors in environmental questions in the light of international conventions such as the Aarhus Convention as well as judicial decisions of the International Court of justice. The results imply that the decision makers in the European Union should modify some regulations either in regional or national level to fulfill the ambitious goals of the founders of this unique international organization.

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    11
  • Issue: 

    1 (21)
  • Pages: 

    201-238
Measures: 
  • Citations: 

    0
  • Views: 

    521
  • Downloads: 

    0
Abstract: 

In the new criminal justice systems, three legal models can be identified in relation with right to Access to counsel: "the counsel guarantee model", "the counsel restriction model", and "the mixed model. " In the first case, the right to Access to counsel is considered as one of the standards of fair trial, and appropriate policies are adopted to “ guarantee” it. In the second model, criminal policymakers create countless constraints on having Access to counsel. In the mixed model, besides guaranteeing maximum Access to the counsel, they also restrict it as necessary. The present study, which examined the restricting policies of Access to counsel in the legal system of Iran, concluded that the Iranian criminal justice system adopted the mixed model and accepted some guaranteeing policies, but in this legal system, at least eight types of restricting policies are anticipated, most of which are incompatible with the international standards of "fair advocacy" and the thirty-fifth article of the Constitutional Act. .

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Author(s): 

KHODABAKHSHI ABDOLLAH

Issue Info: 
  • Year: 

    2016
  • Volume: 

    23
  • Issue: 

    9
  • Pages: 

    12-14
Measures: 
  • Citations: 

    0
  • Views: 

    287
  • Downloads: 

    97
Abstract: 

Arbitration as an alternative to state courts will succeed in fairly resolving disputes if it can remove the obstacles to hearings and guarantee the equal treatment of the parties. In litigations, judicial assistances (legal aids) such as insolvency proceedings come to the help of the impecunious party so that the economic obstacles do not lead to the violation of basic and fundamental rights such as Access to justice and defense. while such assistances (legal aid) can be objectionable in arbitration, arbitrators begin looking in to the case only after receiving a fee sometimes considerable in amount. Arbitration institutions also have strict regulations in this regard. The status of the party who has to file a counterclaim, without being able to pay the relevant fee, is not clear. On the other hand, if the party cannot file the counterclaim, the arbitration award may be annulled due to the violation of a fundamental right such as Access to justice...

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    7
  • Issue: 

    4
  • Pages: 

    189-213
Measures: 
  • Citations: 

    0
  • Views: 

    1219
  • Downloads: 

    0
Abstract: 

Access to justice is a concept that implies the practical and operational dimension of Accessing individuals in judicial institutions and solving their legal problems. Equality of Access to justice for all segments of society is really important, but most women have faced difficulties in Accessing judicial institutions, especially in family matters. The emphasis of this paper is on the impact of cultural barriers on women's Access to family justice within the current context of society. With regard to the annual growth of women who go to family courts, consideration of the issue from the perspective of women can be more important. Based on this, a qualitative method is adopted with deep interview technique. The findings of the study are the result of in-depth interviews with 50 women having experience of family court. The results of this research show that, from the perspective of respondents, the effective cultural barriers to Access to family justice are including cultural values, lack of self-confidence and self-esteem, religious beliefs, education and specialized knowledge of the subject, patriarchy, language, structure and gender stereotypes. Also, according to the intersectional theory, the intersection of cultural barriers with the underlying factors of the respondents can be formed different experiences within the same context.

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    6
  • Issue: 

    1
  • Pages: 

    33-42
Measures: 
  • Citations: 

    0
  • Views: 

    42
  • Downloads: 

    0
Abstract: 

Introduction: Arbitration has a contractual nature and is subject to the sovereignty of the will of the parties, but in some cases, the legislator imposed the referral of claims to arbitration on the will of the parties and caused the contractual nature of the arbitration clause to disappear or be limited. By doing this, he has placed the arbitration outside the will of the parties. This issue causes some moral conflicts in the discussion of compulsory arbitration. Therefore, this research has been done with the purpose of examining the position of compulsory arbitration in Iran's legal system and the ethical challenges in it with a descriptive-analytical approach. Material and Methods: The research was a review method, in order to achieve the goal of the research, in addition to electronic education books and virtual education in this field, articles related to the research keywords from 2004 to 2022 from the databases of Civilica, Magiran, Sid, Researchgate, Science direct, was reviewed Conclusion: Based on the findings of the research, it can be concluded that compulsory arbitration in Iran has ethical challenges in the field of implementation and interpretation, the most important of which is the issue of the right to action and judicial justice. In the context of ambiguities in mandatory arbitration, even if the method of arbitration becomes ambiguous, the arbitrator has the duty to find out the will of the legislator with the principles and rules of interpretation, which creates a moral conflict for the arbitrator.

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Author(s): 

TAHMASEBI ALI

Issue Info: 
  • Year: 

    2019
  • Volume: 

    23
  • Issue: 

    1 (103)
  • Pages: 

    73-100
Measures: 
  • Citations: 

    0
  • Views: 

    435
  • Downloads: 

    0
Abstract: 

The necessity for paying costs such as court costs is a major obstacle in people’ s Access to justice. As the costs of society and justice’ s administration increase, in the one hand providing legal aid by government has faced challenge and in the other hand, scholar’ s effort to ensure procedural human rights and promoting individual’ s Access to court amounted to devising new form for funding litigation costs. One way for prevailing individuals financial inability for litigation and government’ scarcity to provide them the aid, is to privatize funding the costs which can include various mechanisms such as conditional fee, third party funding or legal expense’ s insurance (LEI). Insurance coverage can be before or after the dispute, in the same time the coverage may be in the form of package deal insurance or free-standing contract. In Iran law, in addition to the foreseeability of covering these costs in the form of package deal insurance by central insurance’ regulations, the free-standing contract has been provided by some insurers. It appears this type of insurance should be considered a valid contract too, according to freedom of contracts and its congruence with mandatory rules on the one hand, and its suitable function in facilitating individuals’ Access to court, preventing self-help and meeting public order on the other hand.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    12
  • Issue: 

    1
  • Pages: 

    152-169
Measures: 
  • Citations: 

    0
  • Views: 

    96
  • Downloads: 

    10
Abstract: 

Introduction Improper spatial distribution of gardens at city levels can lead to low utility of the gardens, disturbance in the urban landscape, inadequate social interactions, management and maintenance problems, and reduced psychological and social security. Babol city as has faced increasing population over the past decades and the unimpeded construction. This has led to injustice in the distribution of public services, including gardens at city level. Accordingly, the purpose of the present study is to analyze the distribution of gardens at the level of Babol city by using spatial justice approach to determine the pattern of distribution and the extent of lack of Access to the gardens, across Babol city. Materials and Methods The present study is applied the based on the purpose and nature and is descriptive-analytical in terms of method. The data on the gardens of Babol city were collected from the Babol municipality green space organization and matched with Google Earth, Open Street Map and field view. To analyze the spatial distribution pattern of the gardens, models of directional distribution (standard deviational ellipse), mean center, multi-distance spatial cluster analysis and mean of nearest neighbor were used in Arc Gis software environment. Then, the radius of Access to the gardens was determined by network analysis method. Finally, the radius of service and Accessibility of the gardens was adapted to the population density of the neighborhoods of Babol city to determine the neighborhoods Access to gardens. Results The gardens have a north-south distribution at the level of Babol city. The center of gravity of the gardens is located in the city center and in neighborhood 6. The gardens have a scattered distribution across Babol and are randomly distributed and do not follow a specific pattern. By comparing Access to different types of gardens with the population density of neighborhoods of Babol, it has been shown that downtown neighborhoods with high population density have good Access to the gardens. It has also been found that there are no garden in the three overcrowded neighborhoods, including 14, 16 and 20, as well as in the eastern and western neighborhoods of the city. Discussion and Conclusion The area of gardens per capita in Babol city is 0. 73 square meters. According to the standard per square meter of 8 square meters in Iran, there is a deficit of 7. 27 square meters at the city level. Therefore, despite the distribution pattern which is scattered, many neighborhoods are devoid of gardens and suffer from injustice in the distribution and Access to the gardens. In particular, the shortage of neighborhood and urban gardens is extremely significant,therefore, in order to establish spatial justice in the distribution of gardens in Babol city, it is suggested to establish urban gardens in crowded neighborhoods without gardens, such as neighborhoods 14, 16 and 20 as well as in eastern and western neighborhoods of the city.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    21
  • Issue: 

    71
  • Pages: 

    1-32
Measures: 
  • Citations: 

    0
  • Views: 

    172
  • Downloads: 

    73
Abstract: 

Given that the urban spatial structure has a coherent system and is made up of a variety of components and elements, it appears necessary to emphasize its aspects in terms of different service indicators. The instability of any one of these components can have an impact on the entire complex and urban structure. Given the significance of the issue of spatial justice inthe distribution of urban services, the present study aims to investigate how urban services are distributed inYasoujcity and to pinpoint imbalances and inequalities at the of the city. This article used a descriptive-analytical research method. The mean nearest neighbor index was employed to identify the distribution pattern of urban services, and network analysis in Arc GIS software was used to evaluate the status of the city in terms of Access to public services. The results of the study indicate the location of service clusters in Yasouj city. In this manner, the service distribution is beneficial in the areas of the city that are in District1 of Region1 and District1 of Region2, but it is unfavorable in the areas of the city that are in the east and northeast as well as the southern neighborhoods. The research's overall findings indicate that Yasouj city's service distribution is in poor shape and that the outskirt areas are less prosperous than the city center neighborhoods. Therefore, it is advised reviewing the urban development plans, paying attention to the present needs and necessities, avoiding the place, spatial, and economic requirements in the location of services, and redistributing services and giving the disadvantaged neighborhoods priority.

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