چکیده:
Background and purpose: fair trial is one of the indicators of development and emphasized by religious teachings and international documents. Based on the principle of proportionality, one of the criteria of a fair trial is the proportionality of the trial with the time allocated for it. This time is referred to as "regular trial time". Considering the issue of delaying the proceedings, the precision in Article 315 and the philosophy of providing the claimant's reasons indicate the necessity that the claimant's request should be completed in the shortest possible time. Based on this, the purpose of this research is to analyze out-of-turn proceedings in legal affairs in Iran and international legal courts.Method: According to the nature of the subject, objectives and method of collecting information, the research method is library and descriptive-analytical.Findings and results: out-of-turn processing is one of the civil procedure topics that is used in many cases. The out-of-turn hearing process has caused the Shura judge to consult with the Shura members and issue a decision in the following cases. A) Financial lawsuits regarding movable property up to two hundred million Rials, except for cases that are pending in the court of law on the mandatory date of entry into force of this law. b) All lawsuits related to the eviction of the same tenant, except for the lawsuits related to goodwill and business rights. c) Lawsuits for rent adjustment, provided that there is no dispute in the rental relationship. t) Issuance of inheritance limitation certificate,
خلاصه ماشینی:
22034/DET/202312661441253 Article Type: Research An Analysis of Out-of-Turn Proceedings with a View to the Discovery of Truth in Judicial Cases Ali Akram Davoudinia1, Hamidreza Adabi*2, Hassan Moradi 3 Abstract Background and Objective: Fair trial is one of the indicators of development and is emphasized by religious teachings and international documents.
If in judgment we are seeking the discovery of truth and, in line with that, the establishment of judicial justice, rather than merely settling disputes, the person [adjudicator] will have permission to, by using two basic principles in the trial process, namely the free collection of evidence and the evaluation of evidence, move beyond the limitation of evidence and, considering the nature of evidence, perform the necessary investigation on the evidence relied upon in the trial based on internal conscience; in case of conscientious conviction, especially when it is related to the rights and satisfaction of the parties, proceed to issue the judgment.
3. Discovery of Truth According to Iranian laws, the adjudicator of a civil court is obliged, in the direction of discovering the truth and for the management of the proceeding process to prevent the concealment of facts, to use their own knowledge without collecting evidence for or against the parties to the lawsuit.
(
, 
, 
)
