چکیده:
Substituted Service is one of the greatest challenges of legal systems and the date of notice is the beginning of legal deadlines for the audience to exercise his right from then on, in accordance with statutory time limits. Serve judicial documents can be considered as one of The Act Creator Right as it creates a right to object to judgment and votes and to protest against mentioned claimes that can lead to the Rightfulness or violation of the right of the person. Putting up the rules of Electronic Substituted Service in the criminal procedure non inhibition using them in civil procedure but there is new interpretation of rules in the legal system of Iran. Electronic Substituted Service is a new method which is against the old legal systems in terms of method of notifications. In old method, notifications to relatives and other people in legal cases, date and background of notification in terms of inserting in the system, observing the addresssee and the existence of two dates of notification and binding to use and the performance of the responsible institutions and not paying attention to some laws, has a great impact on the quality and nature of electronic communications. The analysis of present rules and identification of problems by considering French Rules through library research and providing proper solutions such as non-mandatory use of the system, corresponding to constructive service, not imparting notice on holidays and non-office hours with a look at Jurisprudence and French rules are the purposes of this article.
خلاصه ماشینی:
Although mentioning this important matter in criminal laws has not prevented its citation and use in civil matters, nevertheless, Article 177 of the aforementioned law [regulates] the arrangements for performing this Principe de Contradictoire1 Multi-Stage Adjudication 2 Fair Trial - 3 Le Droit à un Procès Equitable Substituted Service4 5 Claims Protest considers the type of service to be subject to the rules related to service in the Civil Procedure Code, and among these, one can mention the method of service (actual and legal), the date and history of service, and the mandatory use of the system, especially in criminal lawsuits; some of these cases have caused conflicts in laws and various legal interpretations in this regard.
Given the foundation and basis of planning the judicial notification system in accordance with existing laws and regulations such that the notification is sent directly and immediately to the recipient, and the receipt of the notification occurs through entry into the system and the person's user account without their will, some of the duties of the notification officer in the Civil Procedure Law, in light of Article 177 of the Criminal Procedure Law, have been abolished in electronic notification; among the most important of these, one can mention the necessity of obtaining a receipt from the recipient and noting their refusal to receive documents (Article 68), notification to relatives or servants (Article 69), declaring the refusal to receive documents by the recipient or relatives and posting at the location, which will be addressed as follows (Article 70), failure to identify the address (Article 72), notification to specific inhabitants whether of a village, city, or district (Article 74), and the uniformity of the method of notification to natural and legal persons (Article 10 of the Regulations).
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