نوع مقاله : مقاله پژوهشی
نویسنده
دانشگاه آزاد اسلامی مشهد
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The concept of amicus curiae, or “friend of the court,” serves as an auxiliary mechanism within legal systems, playing a significant role in assisting the court in uncovering the truth and reducing the complexity of disputes. With the expansion of social responsibilities and the necessity of truth-seeking in insurance litigation, the involvement of third parties, such as the insurer or their representative, has gained importance in judicial proceedings. This study, adopting a descriptive-analytical approach, examines the concept and role of amicus curiae with a particular emphasis on the position of insurers in Iran's legal proceedings. Additionally, it seeks to assess the feasibility of the insurer acting as a friend of the court.
The findings indicate that although the insurer's role in overseeing litigation and preventing frivolous claims bears some resemblance to amicus curiae, its profit-driven motives and the potential for direct involvement in disputes challenge this alignment with the traditional concept of a friend of the court. However, if a broader interpretation of amicus curiae is accepted—one that allows interested entities to contribute to judicial fairness—the insurer could be regarded as a modern friend of the court. The analysis presented in this study could serve as a foundation for revising Iran's legal regulations and judicial practices, ensuring impartiality and transparency in proceedings while effectively utilizing the insurer’s capacity as an auxiliary to the court in dispute management.
کلیدواژهها [English]
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