Court of Peace in the Body of Exclusive First Instance Reference

Document Type : Scientific Research

Author

PhD of Private Law, University of Judicial Sciences and Administrative Services, Tehran, Iran.

Abstract

One of the innovations of the new law of dispute resolution councils approved in 1402 is the provision of a new judicial authority called the peace court. Regarding the fact that the peace court as a dedicated judicial authority is on the path of promotion or degradation, we will examine it in this article. Granting heterogeneous and unequal powers to the peace court with legal, criminal, administrative and custom nature has caused that in theory, this court, while being exclusive as a judicial authority, but in practice, it is considered a special public court with various general powers. This can have adverse effects on the success of this institution According to Article 14 of the new law, dispute resolution councils are only competent in matters of peace and reconciliation, and the authority of those councils to deal with claims and requests has been revoked. The unsuccessful experience of dispute resolution councils in dealing with claims and requests has caused that, in addition to a wide range of claims and complaints under the jurisdiction of the peace court, all the jurisdictions of those dispute resolution councils have been transferred to the peace court, which is due to the diversity and plurality of claims. And requests reduce the favorable and effective effectiveness of this court. The method of the article is to examine the legal and judicial foundations in a descriptive analytical style with an applied method.

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References

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Civil Law Knowledge
Volume 13, Issue 26 - Serial Number 26
October 2024
Pages 163-180

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