The effect of Electronic Notification on the right to Appeal in Iranian and French law (criticism and review of judgment No.140403900002372861 Issued by the seventh Branch of the Hormozgan Province court of Appeals)

Golmohamadi, Mohammad

The effect of Electronic Notification on the right to Appeal in Iranian and French law (criticism and review of judgment No.140403900002372861 Issued by the seventh Branch of the Hormozgan Province court of Appeals)

Document Type : Original Article

Author

Mohammad Golmohamadi

PhD Candidate University of Tehran ALBORZ Campus

Abstract

According to The Regulations on the use of computer or telecommunicatons system the mere receipt of the notification in the system implies (legal) notification, and if the addressee sees the content of the notification by logging into the system. The notification becomes real. This is while in France only the visibility of the notification on the same the of sending is considered to be the reason for considering its description as real and considers electronic notification to be notification to the residence. On the other hand,the regulations consider the addresse s awareness of the contents of the electronic notification to be the basis unless the claimant proves otherwise. This is while considering that electronic registration is mandatory for all individuals. the assumption of awareness of the notification is contrary to the principle of respecting the rights of defense. Therefore, the provision of note 1 of Article 13 of the regulations should be considered as an addition to the provisions of Article 306 of the code of civil procedure which speaks of justified excuses in legal actions and measures and ,as the case may be, leads to a renewal of the deadline or action .

Keywords

Electronic notification

Objection deadline

Legal notification

Subjects