The impact of the permission rule on the object of permission in civil proceedings (Emphasizing on judicial procedure)

Document Type : Research Paper

Authors

Law Group.Faculty of Economices. Isfahan University. Isfahan.Iran

Abstract

Although civil procedure is part of formal law, it is influenced by substantive law. Due to the need for conformity of the rules of procedure with the Sharia (Islamic Law), jurisprudential rules inevitably affect the rules of procedure. One of these rules is the "Rule of Correlation of Permission with its Components". The question is how this substantive rule affects the proceedings in civil matters. Using the legal and jurisprudential analysis, this study investigates the effect of this rule on the three issues of claim determination, the realization of the validity of the sealed matter, and the jurisdiction of the court. The result of the study on claim determination is that under the implicit claim theory, the court must, based on the principle of correspondence, consider both the claim and its components. The result of the study on validity of the sealed matter is that acceptance of the inclusion of this validity in relation to the justifying causes of the sentence is like its spoken ones. In the case of inherent jurisdiction, it is concluded that the family court has jurisdiction not only over family matters but also over the components and consequences of those matters, thereby providing a strategy for achieving the goals of Article 10 of the Constitution, namely protection of family sanctity and stability of family relationships.

Keywords

References

Code de procédure civil.
Couchez, Gérard, Langlade, Jean-Pierre, Lebeau, Daniel (1998) Procédure civil, Paris: Dalloz
Fricero, Natalie, Julien, Pierre (2001) Droit Judiciaire privé, Paris: L.G.D.J.

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