Document Type : Scientific
Authors
1
1. Master's Degree in Private Law, Islamic Azad University, Isfahan (Khorasgan) Branch, Isfahan, Iran, Zkerdegari66@gmail.com
2
2. Assistant Professor, Department of Law, Islamic Azad University, Isfahan (Khorasgan) Branch, Isfahan, Iran (Corresponding Author), M.ghorbanifar@khuisf.ac.ir
3
3. Assistant Professor, Department of Law, Faculty of Administrative Sciences and Economics, Arak University, Iran, hosseinkaviar@gmail.com.
Abstract
If it is necessary to consider the evidence presented by the parties or to carry out certain investigations outside the jurisdiction of the court handling the case, the court requests another court to conduct the investigations. This process is referred to as judicial representation in law. The executing court must carry out the requested actions and return the case file to the requesting court after completing them. One of the issues that can be raised and examined in this regard is the precise determination of the rules and effects of judicial representation in related laws, including the Civil Procedure Code. According to this research, which is conducted using a descriptive-analytical method and aims to examine the nature and subject of judicial representation, its rulings, and the conditions and effects of judicial representation in civil litigation in Iran, it can be stated that the compulsory granting of judicial representation in cases foreseen by the legislator, the superior or equal status of the court granting the representation compared to the executing court, the executing court's adherence to the actions requested by the granting court, and the obligation of the executing court to accept the judicial representation are some of the rulings governing judicial representation. Additionally, among the effects of judicial representation in civil litigation is the granting authority's discretion to follow the actions of the executing court, the obligation of the executing court to strictly implement the terms of the representation order, and the validity of actions if the granting court is deemed trustworthy.
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