نوع مقاله : مقاله علمی - پژوهشی
1 دانشیار گروه حقوق دانشگاه گیلان
2 دانشجوی کارشناسی ارشد حقوق خصوصی دانشگاه تهران
عنوان مقاله [English]
The cooperation theory of the parties and the judge in the settlement of disputes is a new issue in the civil procedure that has been presented by one researcher in recent years. The cooperation theory is defined to mean law enforcement. In other wLLMords, the parties and the judge participate with each other to settle a dispute. Although in some of the new rules this theory can be seen sporadically, the principle of Transnational Civil Procedure Act (2004) provides the main foundation. By examining the laws of the country, it was found that although some materials of the principle of cooperation can be seen, this theory is not applied appliedin the legal system and our legal system is lacking the new principle. After studying French law, transnational civil procedure and Iranian law, we can say that the cooperation theory is correct and acceptable and can be applied in some cases including determination of local jurisdiction, set a date for trial, arbitration, peace and reconciliation, the way of delivering securities, the way of handling the hearing, etc.
الف) فارسی و عربی
ب) فرانسوی و انگلیسی