Comparative Civil Procedure
Procedure & Regularity for Accuracy, True Dispute Resolution and Happiness

The Resilience of Civil Procedure Principles and Rules in Wartime

Articles in Press

Document Type : Original Article

Authors

Hassan Mohseni 1
Mohamad Golmohamadi 2

1 Professor of Civil & Commercial Procedure, Private Law Department , Faculty of Law and Political Science, University of Tehran, Tehran, Iran. Member of Center for Research on Justice and Civil Procedure, University of Tehran Member of International Association of Procedural Law (IAPL)

2 PhD Candidate of Private Law University of Tehran Albert Campus

Abstract
Access to justice should always be possible. However, in a state of emergency during war, the way to access justice is challenging because, on the one hand, the lives of the actors in the proceedings are at stake, and on the other hand, access to justice cannot be interrupted. In some cases, the use of electronic proceedings can meet both goals and be a suitable solution for continuing the proceedings in this state of emergency. This article examines the feasibility of electronic civil proceedings in times of war using a descriptive-analytical method and library resources. The research findings show that while in French law, due to the optional nature of electronic proceedings, in an emergency situation such as war, suspending the proceedings until some time after the end of the emergency period is the executive solution in that country, in Iranian law, due to the mandatory nature of the electronic civil proceedings, the proceedings can be continued in some cases and with a combination of circumstances, and help realize the principle of continuity of justice in exceptional circumstances.

Keywords

Electronic proceedings
war
access to justice
saving human lives
State of emergency
Subjects
Comparative Civil Procedure

Articles in Press, Accepted Manuscript
Available Online from 22 August 2026

  • Receive Date 28 July 2026
  • Revise Date 18 August 2026
  • Accept Date 22 August 2026
  • Publish Date 22 August 2026

Home

Guide for Authors

Submit Manuscript

Reviewers

Contact Us