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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| Format: | Article |
| Language: | English |
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Shahr-e- Danesh Research And Study Institute of Law
2024-09-01
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| Series: | پژوهشهای حقوقی |
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| Online Access: | https://jlr.sdil.ac.ir/article_163817_36e98d82fada18705e1a541d74115299.pdf |
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| author | Ali Shamsi Hassan Mohseni Dawood Nasiran Najaf Abadi |
| author_facet | Ali Shamsi Hassan Mohseni Dawood Nasiran Najaf Abadi |
| author_sort | Ali Shamsi |
| collection | DOAJ |
| description | 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. |
| format | Article |
| id | doaj-art-d791fe79996d4117ad0731124994e4a6 |
| institution | Kabale University |
| issn | 1682-9220 2717-0020 |
| language | English |
| publishDate | 2024-09-01 |
| publisher | Shahr-e- Danesh Research And Study Institute of Law |
| record_format | Article |
| series | پژوهشهای حقوقی |
| spelling | doaj-art-d791fe79996d4117ad0731124994e4a62025-01-22T10:12:32ZengShahr-e- Danesh Research And Study Institute of Lawپژوهشهای حقوقی1682-92202717-00202024-09-01235937940410.48300/jlr.2022.365263.2185163817A Reflection on the Foundations of Rights and DisputesAli Shamsi0Hassan Mohseni1Dawood Nasiran Najaf Abadi2PhD Student in Private Law, Faculty of Law, Theology and Islamic Studies, Najafabad Branch, Islamic Azad University, Najafabad, Iran.Professor, Department of Private Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.Assistant Professor, Department of Law, Faculty of Law, Theology and Islamic Studies, Najafabad Branch, Islamic Azad University, Najafabad, Iran.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.https://jlr.sdil.ac.ir/article_163817_36e98d82fada18705e1a541d74115299.pdfrightdisputeprocedurelitigationsubstantive right |
| spellingShingle | Ali Shamsi Hassan Mohseni Dawood Nasiran Najaf Abadi A Reflection on the Foundations of Rights and Disputes پژوهشهای حقوقی right dispute procedure litigation substantive right |
| title | A Reflection on the Foundations of Rights and Disputes |
| title_full | A Reflection on the Foundations of Rights and Disputes |
| title_fullStr | A Reflection on the Foundations of Rights and Disputes |
| title_full_unstemmed | A Reflection on the Foundations of Rights and Disputes |
| title_short | A Reflection on the Foundations of Rights and Disputes |
| title_sort | reflection on the foundations of rights and disputes |
| topic | right dispute procedure litigation substantive right |
| url | https://jlr.sdil.ac.ir/article_163817_36e98d82fada18705e1a541d74115299.pdf |
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