Freedom of Parties to Choose the Title of Litigation: To Be True or Not True in Accepting the Litigation of Homologation
Right to action as a natural right recognized in Constitution an International Pacts. Except some rare cases, everybody is free to act with this right. The conflict is a pre se requisite of litigation but we see some cases by the subject of homologation a contract which has not yet a conflict and co...
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| Format: | Article |
| Language: | English |
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Shahr-e- Danesh Research And Study Institute of Law
2024-03-01
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| Series: | پژوهشهای حقوقی |
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| Online Access: | https://jlr.sdil.ac.ir/article_151201_df7c7d1cb035a3e03e44f687fce7e06b.pdf |
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| _version_ | 1841544706662596608 |
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| author | Ali Shamsi Hassan Mohseni |
| author_facet | Ali Shamsi Hassan Mohseni |
| author_sort | Ali Shamsi |
| collection | DOAJ |
| description | Right to action as a natural right recognized in Constitution an International Pacts. Except some rare cases, everybody is free to act with this right. The conflict is a pre se requisite of litigation but we see some cases by the subject of homologation a contract which has not yet a conflict and courts have not a similar jurisprudence in cases. Although courts can, qualification or requalification the title of litigation but the manner is civil cases is different and the courts can see the cases, which permitted by laws and regulations exceptionally. We think that a litigant has profit to litigate and so we are trying to critic the case law and courts can, qualification or requalification the title of litigation but the manner is civil cases is different and the courts can see the cases, which permitted by laws and regulations exceptionally. So as a result, every conflict by a legal consequence will be accepted as litigation. |
| format | Article |
| id | doaj-art-e63c9d4a43244b4f8acc07e6e2f08a98 |
| institution | Kabale University |
| issn | 1682-9220 2717-0020 |
| language | English |
| publishDate | 2024-03-01 |
| publisher | Shahr-e- Danesh Research And Study Institute of Law |
| record_format | Article |
| series | پژوهشهای حقوقی |
| spelling | doaj-art-e63c9d4a43244b4f8acc07e6e2f08a982025-01-12T12:22:06ZengShahr-e- Danesh Research And Study Institute of Lawپژوهشهای حقوقی1682-92202717-00202024-03-01225636739810.48300/jlr.2022.321420.1896151201Freedom of Parties to Choose the Title of Litigation: To Be True or Not True in Accepting the Litigation of HomologationAli Shamsi0Hassan Mohseni1Ph.D. student in Private Law, Faculty of Law, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran.Associate Professor, Department of Private and Islamic Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran.Right to action as a natural right recognized in Constitution an International Pacts. Except some rare cases, everybody is free to act with this right. The conflict is a pre se requisite of litigation but we see some cases by the subject of homologation a contract which has not yet a conflict and courts have not a similar jurisprudence in cases. Although courts can, qualification or requalification the title of litigation but the manner is civil cases is different and the courts can see the cases, which permitted by laws and regulations exceptionally. We think that a litigant has profit to litigate and so we are trying to critic the case law and courts can, qualification or requalification the title of litigation but the manner is civil cases is different and the courts can see the cases, which permitted by laws and regulations exceptionally. So as a result, every conflict by a legal consequence will be accepted as litigation.https://jlr.sdil.ac.ir/article_151201_df7c7d1cb035a3e03e44f687fce7e06b.pdflitigationconflictactionhomologationprocedure |
| spellingShingle | Ali Shamsi Hassan Mohseni Freedom of Parties to Choose the Title of Litigation: To Be True or Not True in Accepting the Litigation of Homologation پژوهشهای حقوقی litigation conflict action homologation procedure |
| title | Freedom of Parties to Choose the Title of Litigation: To Be True or Not True in Accepting the Litigation of Homologation |
| title_full | Freedom of Parties to Choose the Title of Litigation: To Be True or Not True in Accepting the Litigation of Homologation |
| title_fullStr | Freedom of Parties to Choose the Title of Litigation: To Be True or Not True in Accepting the Litigation of Homologation |
| title_full_unstemmed | Freedom of Parties to Choose the Title of Litigation: To Be True or Not True in Accepting the Litigation of Homologation |
| title_short | Freedom of Parties to Choose the Title of Litigation: To Be True or Not True in Accepting the Litigation of Homologation |
| title_sort | freedom of parties to choose the title of litigation to be true or not true in accepting the litigation of homologation |
| topic | litigation conflict action homologation procedure |
| url | https://jlr.sdil.ac.ir/article_151201_df7c7d1cb035a3e03e44f687fce7e06b.pdf |
| work_keys_str_mv | AT alishamsi freedomofpartiestochoosethetitleoflitigationtobetrueornottrueinacceptingthelitigationofhomologation AT hassanmohseni freedomofpartiestochoosethetitleoflitigationtobetrueornottrueinacceptingthelitigationofhomologation |