Volume 4, Issue 1 (7-2022)
مطالعات فقه و حقوق رسانه 2022, 4(1): 117-135 |
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Electronic Litigation in Family Disputes. مطالعات فقه و حقوق رسانه 2022; 4 (1) :117-135
URL: http://journal.refah.ac.ir/article-1-85-en.html
URL: http://journal.refah.ac.ir/article-1-85-en.html
Abstract: (378 Views)
Electronic litigation is defined as the process of conducting legal proceedings electronically, from filing a lawsuit and serving legal documents to the adjudication of the case, issuance of judgments, and their enforcement. The acceleration of case resolution, the establishment of universal access to justice, cost reduction, and improved quality of litigation are among the key achievements of electronic litigation. In line with these advancements, many legal systems have been striving to develop laws and regulations to facilitate the implementation of electronic litigation, including in the realm of family disputes. Fundamental principles such as speed, the acquisition of evidence, and reconciliation hold significant importance in family disputes, making the adoption of electronic case management systems in family courts even more crucial. This research, using a descriptive-analytical approach, examines the current state of Iran's legal system regarding the application of electronic tools in family disputes. After analyzing existing laws and regulations, it concludes that although Iran's legal framework does not explicitly provide for a separate electronic litigation system for family disputes, general laws and regulations concerning electronic litigation, such as the registration of lawsuits, referral, service of legal documents, holding court sessions, access to case files, obtaining witness statements, judicial inquiries, and enforcement of judgments, can be applied in family litigation. Overall, the current situation indicates that family courts can be categorized under the second category of electronic litigation, alongside semi-electronic and fully electronic systems.
Type of Study: Research |
Subject:
Special
Received: 2022/03/22 | Accepted: 2022/05/15 | Published: 2022/07/1
Received: 2022/03/22 | Accepted: 2022/05/15 | Published: 2022/07/1
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