THE PRINCIPLE OF PARTY-DISPOSITION | ||
| مطالعات حقوق خصوصی | ||
| Article 6, Volume 38, Issue 3, July 2009 PDF (366.87 K) | ||
| Abstract | ||
| The principle of party-disposition (or what is called “Le Principe Dispositif” in the French Law) is one of the Guiding Principles for Civil Trial. According to this Principle, the civil proceeding is regarded as the parties’s thing, so they can make any disposition on their proceeding, inter alia they are be able to commence and terminate it, determine the matters of fact and finally judge is bound to the parties’s motions. The effects and development of the Principle has greatly been considerable in so far as it has been presented as one of the common values of the world’s legal culture. For this reason, The Principles of Transnational Civil procedure – the common project of ALI & UNDROIT- has provided for this principle in it’s tenth Principle. | ||
| Keywords | ||
| Disposition; The Guiding Principles for Civil Trial; The Principle of Party; The Principles & Rules of Transnational Civil Procedure | ||
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