نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانش‌آموخته دکتری حقوق خصوصی، دانشگاه تهران، پردیس البرز، تهران، ایران.
2 استاد، گروه حقوق خصوصی و اسلامی، دانشکده حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران.
3 دانشیار، گروه حقوق خصوصی و اسلامی، دانشکده حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران.
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
From the past to the present, the appeal of civil rulings has been a prominent topic of discussion in civil procedure. Given its widespread use, it can be asserted that appeal is one of the most privileged methods for objecting to civil judicial decisions. Besides the legislator's attempt to structure and systematize this method by addressing it in Chapter IV of the Civil Procedure Code and Articles 330 to 365, scattered references to it can be found in some other laws. Furthermore, this issue has been repeatedly examined from an interpretative and judicial perspective, resulting in numerous unification judgments.
In this regard, extensive discourse has developed around objection to civil judicial decisions, with legal scholars addressing it from different perspectives. However, the examination of fundamental policies in this area has been less than expected, requiring further investigation. Fundamental policies refer to the philosophy of the appeal and the goals upon which legislation and judicial interpretations are based. Therefore, legal system
policies encompass "legislative" and "judicial" policies determined by higher authorities, legislators, and various branches of the judiciary, including the Supreme Court, as well as being reflected in the overall policies of the system and development programs.
Understanding these policies is crucial, as neglecting them may lead many legal inquiries to remain incomplete. However, the focus extends beyond mere review; it involves evaluating these policies. Evaluation is a continuous process and an integral part of policymaking that, through analyzing tangible and practical data, contributes to the improvement of policies' effectiveness and also estimates their efficiency and coordination with society's contemporary needs.
Globally, systematic and ongoing studies on fundamental legal policies have begun, coinciding with the emergence of "criminal policy" dealing with criminal matters. Based on the conducted research in the field of criminal legal policies, it appears to have a more stable history compared to other areas of law. Furthermore, with advancements in knowledge and increased awareness, legal scholars have also expanded their focus towards understanding and evaluating private legal policies, so that today, on a global scale, it is pursued systematically and methodically.
However, specialized research on private legal policies in our country is still in its infancy and has a long way to go to establish its rightful place. Considering the necessity for further research, this paper aims to investigate the legal system's policies in Iran regarding the appeal of civil rulings and to raise awareness about it. The key question that serves as the starting point and motivation for the article is, "What policies does the Iranian legal system pursue, such as ensuring the correctness of rulings or judicial order and security, in the context of formulation, drafting, and interpretation of laws in connection with appealing civil rulings?" In addition to addressing this question, the paper seeks to establish a framework for legal system policies on the subject, with the achievement of practical results for better understanding and optimization of laws and their interpretations.
In the review of legal policymaking, it is crucial to acknowledge the diverse forces that play a role in their emergence and stability. Therefore, the transformation of the Iranian judicial system over time and its confrontation with various social, cultural, and religious factors should be taken into account to formulate a comprehensive plan. Thus, this article, in an attempt to achieve a general conclusion with an analytical and descriptive approach, first briefly delves into the history of Iranian law and the role of Imami jurisprudence and foreign law in shaping and advancing legal system policies. Subsequently, the second part examines the laws regarding the appeal of civil rulings and their fundamental policies. Finally, judicial interpretations and unification judgments.
The underlying assumption of this research is that the breadth and complexities of appeal require meticulous planning of various policies, and it cannot be limited to a single general policy. Furthermore, the effectiveness of policies is dependent on their coordination and coherence with each other, aligning synchronously and progressing along a unified path.
The research findings vividly support the accuracy and stability of this hypothesis. The discourse on the policymaking of the legal system in Iran illustrates those fundamental policies concerning the appeal of civil rulings have evolved and been constructed over time, driven by various factors. Based on the conducted studies in the history of Iranian law, the practice of appeal has deep roots, tracing back to the pre-Islamic era. Islamic teachings, especially the jurisprudence of the Imami jurisprudence on one side, and the legal systems of foreign countries on the other, have contributed to its development and refinement. Consequently, the approach chosen by policymakers in the realm of this regard, extensive discourse has developed around objection to civil judicial decisions, with legal scholars addressing it from different perspectives has been appropriate from the beginning, establishing a solid foundation despite some shortcomings. Furthermore, since the effectiveness of policies depends on their dynamism and adaptability to societal needs, these policies have been updated over time, and this ongoing process continues.
From these evaluations, it becomes evident that legal policymaking has been shaped in alignment with other policies such as social, economic, and cultural policies. Undoubtedly, policymaking without considering social custom and expectations is flawed, and the roots of many legal and judicial policies lie within these matters, even though they may remain unseen as latent schemas.
In essence, the policymaking in the legal system of Iran regarding the appeal of civil rulings encompasses a coherent and comprehensive set of interconnected policies. Despite their interconnectedness, each plays a distinct role and, in coordination, contributes to the overall framework. Additionally, for optimization and improved functionality, judicial policies, along with legislative policies, are taken into account, working towards the stability and progress of the legal system. Therefore, foundational policies serve as selected patterns guiding legal and judicial planning, and their fundamental goal is to establish justice, social order, and enhance public satisfaction.
کلیدواژه‌ها [English]
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