Jurisprudence - Legal Basis for Preventing Litigation in Iran Law with Emphasis on French Judicial Procedure

Hossein Ali Mirzajani Roodpashti ¹ ( PhD Student of private law, Ayatollah Amoli Branch, Islamic Azad University, Amal, Iran )
mehdi fallah kharyeki ² ( Assistant Professor of Islamic Azad University, Ayatollah Amoli Branch, Department of Private Law, Amol, Iran )
Seyed Hassan Hosseini Moghadam ³ ( Assistant Professor, Department of Law, Ayatollah Amoli Unit, Islamic Azad University, Amol, Iran )

Submited date : 2021-02-17 Accepted date : 2023-04-05

Keywords: Preventive litigation, initiation of damages, possible damages,

Abstract :

Simultaneously with filing a lawsuit and in accordance with the general rules of civil liability, the plaintiff must prove that he has a legitimate interest. Therefore, if the subject of the lawsuit is the compensation of damages caused to the plaintiff as a result of the action taken, these damages must have been incurred to the plaintiff at the time of filing the lawsuit. The present article seeks to investigate and answer this question with a descriptive and analytical method and a comparative approach that whether the laws and regulations of Iran subject to the use of jurisprudential rules and through the deterrent of civil liability "with emphasis on the French judicial system" can oblige individuals to exercise caution and prudence to some extent. That failure to adhere to these principles and rules would result in "even before the actual loss" claim for damages commenced? The findings of this study suggest that civil liability using legal and jurisprudential rules as well as the "positive approach of French judicial procedure" will be able to interfere with the allegation of violations of law and before the loss enters into force against the principal. Identification damages and thereby provide a legal basis for a lawsuit.