Article: The Effect of mutual consent on deviation from the natural competence and the impression of certain verdict of a noncompetent natural source

Document Type : Technical-Scientific

Author

MA student in Private Law- Islamic Azad University, Damghan Branch

Abstract

One of the features of the natural competence is its imperativeness. In fact, the principles related to the natural competence is for establishing a public harmony and order between the systems of hearing the cases although in Civil Procedure Law issued in 2000 there is no definition of this competence (natural competence) and wherever the competence is mentioned, there is no statement about the natural competence and only in sub-article 1 of article 371 of the Civil Procedure Law in which it is stated that: “if the court which issues the verdict does not have the natural competence of hearing…” separately the expression of natural competence has been said in general but by getting through the legal definitions of natural competence and stating different types of it, the ambiguity can get clear. In this article it is tried to discuss the effect of mutual consent and agreement of both parties on any types of the natural competence regarding its imperativeness considering the natural competence and state the role of will in the deviation of natural competence.