Absentia Trial under Judicial Principles

Subject Areas : Private law

mohammadreza kazemi ¹ , javad mohammadalizadeh ²

1 - واحد مشهد
2 - واحد چالوس

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-05-02

Keywords: Absentia Trial, Judicial principle, Protestation,

Abstract :

Absentia trial is a kind of trial in which the claim is considered when the defendant is absent and finally judgment by default is emanated. In jurisprudence, based on the traditions and lawful percepts, absence of the litigant won't prevent to execute justice. This trial is not absolute and unconditional. To prevent probable damage, absent defendant can pay claimant's right by bail or guarantee, but the absent person con protest . Imamiyeh jurists introduced some rules for trial based on their viewpoints. In this article, the authors analyze the absentia trial in penal and lawful affairs judicially.