Research and development in private law

Research and development in private law

The Background and Challenges of Conciliation Courts in the Latest Legislative Developments

Document Type : Original Article

Author
PhD in Private Law, University of Tehran, Tehran, Iran
Abstract
The Peace court is one of the innovations in Iran`s legal system  due to establishing peace and reconciliation among persons in the society as possible. for the first time the Law of Dispute Resolution Councils of 1402/6/22 that established by specific provisions.The primary mission of the dispute resolution council is to facilitate reconciliation. However, over time, it has deviated from its original mission, lots its previous efficienery, and consequently led the legislator to enact a independent law for it.
The purpose of this article is to critique the new law regarding the regulations governing conciliation courts.
 This research shows that despite the passage of time and the gaining of many experiences by legislators and lawyers, there are still many legal loopholes in this law, and it is necessary to amendment some of them. these criticisms divided in three groups:(1)Critique from the perspective of legislative structure, (2) legal ambiguities, (3) lack of alignment with the legal system. For examples: Discrepancy between the name of the law and its content, the non-observance of the legislative order in the creation of a new judicial institution, the ambiguity in the relationship between the new peace courts and the former peace courts, the structural and formal disproportion in the articles of the law, the creation of courts with the composition of the general court but with a different jurisdiction, handling family lawsuits in peace courts without regard to the requirements for family lawsuits, unfounded differences in jurisdiction, determining the court branch in the text of the law, illogical duality in legislation, indecision in the litigation of litigation costs, arrangements that lead to the extension of the proceedings, ambiguity in the concept of Quorum in these courts, ambiguity in some jurisdictional titles, lack of coordination in appealability and also ambiguity regarding the filing of lawsuits. The supervisor pointed to the state and public property and funds in the peace courts.
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