A Reflection on the Foundations of Rights and Disputes
The main focus of this article is on the relationship between the substantive right and the lawsuit that is filed to assert and prove it. Nevertheless, theconnection between rights and disputes or litigation is so strong, andsometimes complex, that it is impossible to imagine one without the other.T...
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| Main Authors: | , , |
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| Format: | Article |
| Language: | English |
| Published: |
Shahr-e- Danesh Research And Study Institute of Law
2024-09-01
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| Series: | پژوهشهای حقوقی |
| Subjects: | |
| Online Access: | https://jlr.sdil.ac.ir/article_163817_36e98d82fada18705e1a541d74115299.pdf |
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| Summary: | The main focus of this article is on the relationship between the substantive right and the lawsuit that is filed to assert and prove it. Nevertheless, theconnection between rights and disputes or litigation is so strong, andsometimes complex, that it is impossible to imagine one without the other.The overlap and dependence of rights and disputes is like the embodimentof a two-sided coin. Each side of the coin finds meaning next to the other.However, thisrelationship will have important theoretical and practicalresults. Whether the acceptance or non-acceptance of the lawsuit, the legalelements of the lawsuit, the division of types of lawsuits, the jurisdiction ofthe courts and sometimes the outcome of the lawsuit, depend on thesubstantive right of origin of the lawsuit. This article tries to examine andanalyze this relationship and overlap of rights and litigation and its resultsin Iranian law and other country. |
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| ISSN: | 1682-9220 2717-0020 |