The role and authority of the judge in civil liability lawsuits, from the point of view of jurisprudence and subject law and its comparison with French law

Subject Areas : All jurisprudential issues

Saied Farzaneh ¹ ( Phd.student, Private Law, Arak Branch, Islamic Azad University, Arak, Iran, )
AliAbbas Hayati ² ( Assistant Professor, Department of Law, Razi University, Kermanshah, Iran (Corresponding Author) [e-mail] )
Faramarz BagherAbadi ³ ( Assistant Professor, Department of Law, Razi University, Kermanshah, Iran )

Received: 2021-05-22 Accepted : 2022-02-22 Published : 2021-08-23

Keywords: Legal rights, principles and procedures, cause and direction of the lawsuit, jurisdiction, the role of the judge,

Abstract :

The issue of compensation is one of the most important legal issues. In this research, the role and authority of the judge in civil liability lawsuits from the point of view of jurisprudence and subject law and its comparison with French law have been carried out in this research using analytical-descriptive method. It was concluded that judicial systems are divided into different legal systems. The role of the court is different in each legal system. In this way, in the system of accusatory proceedings, the civil lawsuit belongs to the litigants and the judge is only a passive member who cannot play a role other than issuing a verdict based on the reasons presented by the parties. This is while in the investigative judicial system, the role of the judge is active in proving the claim, in civil liability claims, the role of the judge is more active and significant than the involved claims, and this activeness in ascertaining the elements of civil liability and interpreting it, choosing the method of compensation, The basic description of responsibility, mitigation, aggravation and adjustment of damage, change of sentence, etc. appears, which can sometimes and seemingly go beyond neutrality and take on the aspect of protection (of the victim). According to the amendment of the rule prohibiting the acquisition of evidence, the authority of the judge in changing the sentence and damages can be considered limited, and the role of judicial experts in determining the actual damages is undeniable.