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    <title>Comparative Civil Procedure</title>
    <link>https://www.compcp.ir/</link>
    <description>Comparative Civil Procedure</description>
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    <pubDate>Wed, 21 Jan 2026 00:00:00 +0330</pubDate>
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    <item>
      <title>Conceptualization of the Relation between Lawsuits in Civil Procedure Law; Comparative Study</title>
      <link>https://www.compcp.ir/article_731000.html</link>
      <description>If several cases are related to each other, the Civil Procedure Code provides for procedural arrangements, including the merger or consolidation of litigation, in order to prevent the issuance of conflicting judgments as well as to increase the quality and efficiency of the proceedings. Accordingly, in this research, first, in simple terms, the semantics orConceptology of the relationship between lawsuits and criteria and how to achieve it has been investigated. This has been considered with the approach of comparative law and according to the international guidance texts of civil procedure law and its comparison with domestic laws. According to the study of the issue in domestic and comparative law, it seems that the criteria of connection between the claims and their insignificant differences are a subsidiary issue in this subject, and the focus is on the substantive connection of common or closely related interests under consideration, which will be examined by the court as a substantive matter. According to the results mentioned, in interpreting the rules, providing solutions to issues, as well as future amendments to the rules of procedure, enhance the managerial power of the judge in order to examine the status of the relation between the claims and their effects and issue an appropriate order in this regard should be given more attention to the course of the proceedings.</description>
    </item>
    <item>
      <title>Review of Court Supervision in the Recognition process of Domestic Arbitration Awards (with Emphasis on Judicial Practice)</title>
      <link>https://www.compcp.ir/article_731286.html</link>
      <description>the court the authority to recognize or not recognize the arbitrator's award at the stage of its enforcement. The tone of this part of the aforementioned Article also indicates that even in the case of a request for recognition or enforcement of the arbitrator's award, the court must refrain from recognition or enforcing it if it observes a violation of substantive and mandatory laws in the award.One view, based on the first part of Article 489 of the Civil Procedure Code, is that if the arbitration award is clearly contrary to mandatory laws, the court can refuse to enforce it, and for this, there is no need for the parties to the arbitration to object or for such an objection to be within the deadline. In fact, it must be accepted that even if no objection is made to the arbitral award or if this objection is out of time, the court must refrain from enforcing the arbitral award that it finds to be contrary to one of the clauses of Article 489 of the Civil Procedure Code.</description>
    </item>
    <item>
      <title>The Disciplinary Approach of Iranian and American Law in Dealing with Filing Frivolous Litigations by Attorneys</title>
      <link>https://www.compcp.ir/article_732307.html</link>
      <description>Just as attorneys, as one of the two wings of the &amp;amp;ldquo;angel of justice,&amp;amp;rdquo; facilitate the protection of rights, they may also deviate from their essential mission by filing frivolous litigations. This raises an important question: what disciplinary sanctions may be imposed on an attorney who files a frivolous litigation? Can such conduct be regarded as a disciplinary offense, thereby subjecting the attorney to disciplinary sanctions? Addressing this question within the legal systems of Iran and the United States (Federal), using a descriptive&amp;amp;ndash;analytical method and relying on library-based sources, is the central aim of this paper. After examining the concept of frivolous litigation and tracing the historical evolution of disciplinary sanctions to it, the study concludes that, under Iranian law, filing of a frivolous litigation with bad faith by an attorney may result in suspension for a period ranging from three months to two years, demotion in professional rank, removal of the attorney&amp;amp;rsquo;s license, or even disbarment. Under U.S. federal law, however, once mere negligence (rather than bad faith) in filing a frivolous litigation is established, a broad range of disciplinary sanctions such as reprimand, suspension, or disbarment may be imposed.</description>
    </item>
    <item>
      <title>Justice, A Process To Happiness, In Ferdowsi&amp;rsquo;s Shahnameh</title>
      <link>https://www.compcp.ir/article_731811.html</link>
      <description>This article examines the interrelationship between justice (dād) and joy (shādī) in Ferdowsi&amp;amp;rsquo;s Shāhnāmeh, approached through the central Zoroastrian principle of wisdom (kherad). The study explores how these concepts emerge from the dual framework of &amp;amp;ldquo;being&amp;amp;rdquo; and &amp;amp;ldquo;non-being,&amp;amp;rdquo; or &amp;amp;ldquo;light&amp;amp;rdquo; and &amp;amp;ldquo;darkness,&amp;amp;rdquo; which reflects the moral tension between good and evil in human existence. In Ferdowsi&amp;amp;rsquo;s vision, justice is the source of joy; each gives rise to the other and together they shape a harmonious and enlightened human order.&amp;amp;nbsp;Wisdom enables human beings to reach truth, which manifests the divine natural order attributed to Ahura Mazda. Justice, in turn, sustains social, natural, and psychological balance. Rooted in ancient Iranian ethical thought, this process transforms disorder into the moral and political harmony represented by Shahrivar (divine dominion). Through the union of wisdom and justice, Ferdowsi presents an ethical model grounded in empathy, responsibility, and collective well-being.&amp;amp;nbsp;Ultimately, the Shāhnāmeh portrays justice not only as a rational principle but also as a foundation for individual and communal joy. The enduring bond between wisdom and justice becomes the basis for a prosperous and harmonious society.</description>
    </item>
    <item>
      <title>A Comparative Study of the Concept of Substantive and Procedural Law in Zoroastrian and Islamic Jurisprudence</title>
      <link>https://www.compcp.ir/article_733340.html</link>
      <description>The aim of this research is to conduct a comparative study to achieve a more precise understanding of law in two major periods of Iranian legal history: ancient Iran and post-Islamic Iran. Law is examined through its meaning, function, and purpose, with particular focus on the political element in both eras. The study highlights the differing relationships between Islamic law and Zoroastrian law with politics, then explores other characteristics of law that may stem from or connect to its political dimension or cosmological foundation. The notion of original sin, seen as the first transgression against law, is analyzed to understand law in extreme situations of violation. Another key issue is whether the identity of law depends on its form or its content, which marks a significant distinction between the two traditions. Criminal law and the role of punishment provide further insight into contrasting Iranian perceptions of law. Finally, the manner in which law developed in the history of Zoroastrian and Islamic jurisprudence reveals another aspect of divergence between the aforementioned eras.</description>
    </item>
    <item>
      <title>Analysis of the Degree of Autonomy of Arbitration from Law, Judicial Courts, and the Parties&amp;rsquo; Agreement</title>
      <link>https://www.compcp.ir/article_733299.html</link>
      <description>Arbitration is one of the most important methods of peaceful dispute resolution, particularly in the international sphere. The theory of &amp;amp;ldquo;Autonomy of arbitration&amp;amp;rdquo; asserts that arbitration is an autonomous institution which, while drawing upon agreement, law, and arbitral practice, possesses the capacity to design its own procedure and governing rules based on the nature of the relationship and the needs of the parties. Therefore, arbitration should not merely be viewed as an extension of judicial proceedings or as entirely dependent on the contract. This study, using a descriptive&amp;amp;ndash;analytical approach and a comparative method, examines the independence of arbitration with a focus on three core elements: law, agreement, and the practical conduct of arbitrators. The research demonstrates that maximum independence from law and judicial authority, alongside minimal dependence on party agreement, can ensure the efficiency of arbitration. The findings indicate that regulatory frameworks aligned with this perspective can actualize the latent potential of arbitration for peaceful dispute settlement and the fulfillment of its objectives.</description>
    </item>
    <item>
      <title>A Comparative Study on the Validity of Civil judgment (Concept, Types and Elements)</title>
      <link>https://www.compcp.ir/article_732312.html</link>
      <description>In order to achieve a fair trial, the final judgments of the judicial authorities have been considered valid, according to which no organization can refuse to implement them except in legal cases, furthermore, these judgments prevent any re-examination of the same dispute. This will bring stability to the validity of judgments. In contrast to the validity of a judgment, sometimes its accuracy is also discussed, and sometimes its legitimacy. This credibility can also be examined from various aspects and the elements of its realization can be analyzed. Therefore, the present study aims to identify the concept of " judgment validity" using a descriptive-analytical method and a comparative perspective, seeking to answer the fundamental question of what are valid judgment and correct judgment? What are the types of judgment validity and what elements are required to establish this validity? On this basis, this article, while explaining the concept of a valid, legitimate, and correct judgment, examines the types of validity from a formal and material perspective and finally, it examines the constituent elements of this trust from the perspective of the law and the actions of the parties.</description>
    </item>
    <item>
      <title>Advocacy in the Disciplinary Councils for Construction Engineering Organization; A Critique of the Judgment Handed Down by the Specialized Board for Administrative and Public Affairs of the Administrative Court of Justice</title>
      <link>https://www.compcp.ir/article_732306.html</link>
      <description>According to the procedure of the Disciplinary Councils for Construction Engineering Organization (the Council or Councils), the right to disciplinary complaint or defending the client&amp;amp;rsquo;s rights in the Council should be specified by the letter of authority, either the form of letter of attorney for courts, or the notarized letter of authority. Consequently, based on the said part, the Councils refuse to accept the letter of authority of judiciary attorneys in which the right to disciplinary complaint or defending the client&amp;amp;rsquo;s rights in these councils is not specified. The Specialized Board for Administrative and Public Affairs of the Administrative Court of Justice in the judgment No. 140431390000924695, dated July 13, 2025, has dismissed a complaint the relief sought of which was the annulment of that part. But is the judgment issued correctly? It seems that the judgment is incorrect and has illogical foundations and bases in its introductions and conclusion; thus, it deserves to criticize from the several point of view. Among the most serious problems in this fallacious judgment are the &amp;amp;ldquo;unaccepted enthymeme fallacy&amp;amp;rdquo; and &amp;amp;ldquo;one-sided assessment fallacy&amp;amp;rdquo;. The judgement is contaminated..</description>
    </item>
    <item>
      <title>A Comparative Psychological–Legal Analysis of the Grounds for Cognitive Biases in Default Arbitration and the Mechanisms for Preserving Arbitrator Impartiality</title>
      <link>https://www.compcp.ir/article_732524.html</link>
      <description>Default arbitration, due to the non-appearance of the respondent and the absence of their defenses, constitutes a context susceptible to cognitive biases affecting arbitrators. This vulnerability exists across all types of arbitration, including commercial and domestic and international investment arbitration, potentially compromising the arbitrator’s impartiality. The present study aims to identify the circumstances in which cognitive biases emerge in default arbitration and to propose effective legal mechanisms to safeguard arbitrator impartiality. Employing a qualitative, analytical-comparative methodology, the research integrates principles of cognitive psychology—specifically the “fast and slow thinking” theory—and arbitration law, based on library-based analysis. Ten distinct cognitive biases were identified, each capable of influencing both procedural and substantive rulings in the absence of the respondent. The redesign of procedural requirements, engagement of independent experts, and establishment of multi-member arbitral tribunals, as opposed to sole arbitrators, can mitigate these biases and reinforce arbitrator impartiality. Properly structured procedural safeguards not only control cognitive biases but also enhance the legitimacy and enforceability of arbitral awards.

Keywords: default arbitration, arbitral award, cognitive bias, confirmation bias, effective notification</description>
    </item>
    <item>
      <title>Comparative Analysis of Procedural Judicial Rules on Monetary Claims</title>
      <link>https://www.compcp.ir/article_731638.html</link>
      <description>Although the procedural law and formalities governing monetary obligations are not an isolated enclave apart from the general rules of adjudication, the distinctive features of such obligations, often arising in contracts between merchants or ordinary persons acting for commercial purposes, have at times warranted separate inquiry. The central question pursued in this article, therefore, is what specific procedural rules govern monetary obligations. It appears that, by virtue of their particular nature, monetary obligations in certain respects attract specialized rules that merit close scrutiny. Accordingly, employing an analytical&amp;amp;ndash;descriptive method and drawing on library sources, the study examines these rules from the very inception of proceeding, namely, the preparation and filing of the statement of claim&amp;amp;mdash;through to the enforcement of the judgment. The article is thus organized into six sections, addressing in turn: (1) the designation of the relief sought, (2) the valuation of the claim, (3) jurisdiction and court fees, (4) defenses, (5) the rendering of judgment, and (6) its enforcement.</description>
    </item>
    <item>
      <title>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)</title>
      <link>https://www.compcp.ir/article_732447.html</link>
      <description>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 .</description>
    </item>
    <item>
      <title>Alienation From the Language of Civil Procedure and the Function of Translation: A Comparative Study</title>
      <link>https://www.compcp.ir/article_731922.html</link>
      <description>Guaranteeing linguistic rights in civil proceedings secures the supremacy of fair-trial principles throughout the proceedings . The language of proceedings is principally, that of the state in which the court is seated and any change to the language in domestic proceedings is prohibited because of its link to public order. Some countries, however, allow changing the procedural language in international commercial disputes; in such systems, the first step is the enactment of enabling legislation, followed by the establishment of bilingual chambers and limiting party agreements to predetermined languages. Translation is the solution to the problem of unfamiliarity with the language of proceedings. Oral interpretation is instrumental: the objective is achieved insofar as the party&amp;amp;rsquo;s understanding and right of defence are effectively secured. By contrast, written translation is substantive: a document lacking translation is excluded from the evidentiary record. Translation also constitutes a form of expert activity and translators are procedurally subject to the provisions governing expert evidence under the Code of Civil Procedure. In civil matters, translation costs are borne by the parties, and translation quality depends on training translators in legal-interpretation skills. The potential for inconsistency or error provides sufficient grounds for allowing the translator&amp;amp;rsquo;s opinion to be challenged.</description>
    </item>
    <item>
      <title>A Comparative Analysis of the Approach of Iranian and English Courts to the Application of the Public Policy Exception in the Enforcement of International Commercial Arbitration Awards</title>
      <link>https://www.compcp.ir/article_732446.html</link>
      <description>International commercial arbitration is founded on party autonomy, yet &amp;amp;ldquo;public policy&amp;amp;rdquo; remains a central tool of state supervision and a recurrent ground for refusing recognition or enforcement of arbitral awards. This study offers a comparative analysis of how Iran and England interpret this complex exception. In Iranian law, public policy is closely linked to &amp;amp;ldquo;good morals&amp;amp;rdquo; and mandatory Shari&amp;amp;lsquo;a-based rules, which has traditionally produced a strict legislative and judicial approach. However, recent decisions of the Tehran Commercial Courts show a growing inclination toward a narrow interpretation and a clearer distinction between domestic and international public policy, aiming to harmonize national practice with international standards. In contrast, the English legal system&amp;amp;mdash;relying on the New York Convention and the Arbitration Act 1996&amp;amp;mdash;adopts a minimal-intervention, pro-enforcement stance. English courts differentiate between domestic and international public policy and deny enforcement only in cases of manifest violations of fundamental justice or proven fraud. The comparative findings indicate that, despite distinct doctrinal foundations, both systems are gradually converging toward restricting judicial interference and embracing the notion of &amp;amp;ldquo;transnational public policy&amp;amp;rdquo; to enhance predictability, finality, and the enforceability of international arbitral awards.</description>
    </item>
    <item>
      <title>Executive equity in curbing the voracity of the judgement creditor and balancing the power of the civil judgement execution&amp;rsquo;s agents</title>
      <link>https://www.compcp.ir/article_733145.html</link>
      <description>The essence of the procedural executions were devised as to seem separate flexibility and company of judgement debtor. Whether in this procedure, they are causative for extra expenses and new headaches for the judgment creditor and judiciary with revolutionary treatment and defiance to the judgement. Such an attitude has caused the procedure of the judgment executions has adopted savage and harsh nature to the judgement debtor and event in some cases the creativity in arrangement the affairs of the executions is assigned to the judgement creditor. However, the reality demonstrates the concern of all the legal systems in relation to the rights and the privacy of the judgement debtor. It is true that the judgement creditor has reached this target by passing a tough and costly passage and. It is false that the exaggeration in this passage amount to violation the privacy of ethics and some immunities. The execution the civil judgements is of the sequence of important principles. These principles assure the exact execution of the judgment and accelerates achieving the result. However, this important principle which marginalizes these principles and curbs the risk of divergence and illegitimate violence is executive equity.</description>
    </item>
    <item>
      <title>Principle of Autonomy of Sport; motif of the finiteness in Sport proceedings</title>
      <link>https://www.compcp.ir/article_731810.html</link>
      <description>The autonomy of sport can be considered a fundamental principle within Good Sports Governance and the most basic factor in Maintaining the sport's intrinsic value. This principle means the right of self-regulation, free from interference of any inappropriate external factor, and the ratification of Sports Regulation alongside a wide spectrum of sporting competences. The Principle of Autonomy of Sport, by creating a type of "Sport proceedings", puts the Sports Dispute Resolution (especially elections of federations) within Sports Judicial Bodies in the best position. Courts have recognized autonomy of sport respecting the Good Sports Governance, based on deserving, and the intrinsic resistance of Sporting Governing Bodies(SGBs); as well it has been recognized by a resolution &amp;amp;lsquo;A/69/PV.2 adopted by the UNGA.Due to the Principle of Autonomy of Sport, SGB, through their own regulations, establish procedural regulations regarding the Sports Dispute Resolution, which shape the legal regime "Sport proceedings" under the Sports Law System. Sport proceedings independently and finite based on the component of "sport specificity", is inherently sports administration(disciplinary) and sports disputes, and settling any activity or matter related or connected to sport. Sport proceedings, based on the Principle of Autonomy of Sport, has Characteristics of an independent and finite proceedings.</description>
    </item>
    <item>
      <title>The Basis of Connected Claims and Its Impact on the Scope of the Concept of &amp;quot;Connection&amp;quot; in Iranian and French Law</title>
      <link>https://www.compcp.ir/article_732736.html</link>
      <description>This study engages in a comparative analysis of Iranian and French law to scrutinize the foundations of connected claims (connexité) and incidental claims (demandes incidentes), as well as the influence of these foundations on the definition and scope of the concept of &amp;amp;quot;connection.&amp;amp;quot; The central inquiry of this article is whether the two renowned rationales—prevention of the repetition and renewal of litigation (lis pendens), and the prevention of contradictory judgments—can fully justify the existential philosophy of connected claims. Furthermore, it investigates the extent to which these rationales are realized within the current procedural structures of Iran and France.
Additionally, the article questions whether complementary rationales, such as the &amp;amp;quot;proper administration of justice&amp;amp;quot; (bonnie administration de la justice) and empowering the court to achieve a comprehensive dispute resolution, could lead to a more precise explication of this institution&amp;amp;#039;s objectives. It also examines how the adoption of each rationale impacts the definition of &amp;amp;quot;connection,&amp;amp;quot; particularly regarding the distinction between &amp;amp;quot;unity of origin&amp;amp;quot; and &amp;amp;quot;complete connection.&amp;amp;quot;</description>
    </item>
    <item>
      <title>De l&amp;rsquo;Ancien Code de Proc&amp;eacute;dure Civile (1806) Au Nouveau Code de Proc&amp;eacute;dure Civile (1975) Rupture et Continuit&amp;eacute;</title>
      <link>https://www.compcp.ir/article_731263.html</link>
      <description>En 1806, deux ans apr&amp;amp;egrave;s le Code civil des Fran&amp;amp;ccedil;ais, &amp;amp;eacute;tait promulgu&amp;amp;eacute; le Code de proc&amp;amp;eacute;dure civile, entr&amp;amp;eacute; en vigueur le 1erjanvier 1807. En 1975, &amp;amp;eacute;tait promulgu&amp;amp;eacute; le&amp;amp;nbsp;nouveau Code de proc&amp;amp;eacute;dure civile, entr&amp;amp;eacute; en vigueur le 1er janvier 1976 sur la majeure partie du territoire national, puis le 1er janvier 1977 sur l&amp;amp;rsquo;ensemble du territoire fran&amp;amp;ccedil;ais. Cependant, ce nouveau Code &amp;amp;eacute;tait alors incomplet.....</description>
    </item>
    <item>
      <title>Report of the Meeting of Center for Justice &amp;amp; Procedure Civil about the Unification Judgment of Supreme Court No.865</title>
      <link>https://www.compcp.ir/article_732513.html</link>
      <description>In paragraph 1 of Article 12 of the Dispute Resolution Councils Law, approved in 1402, the legislator has placed financial claims up to one billion rials under the jurisdiction of the Court of Peace and on the other hand, note 4 Article 20 states that "the handling of claims regarding immovable property that lacks an official document is solely within the jurisdiction of the competent judicial authority. According to Article 61, the plaintiff has the option to determine the price of the claim (whether in movable or immovable property) and this measure is effective in terms of litigation costs and the ability to appeal. As a result of the aforementioned authority, the plaintiff was raising the immovable property claim based on a "demand schedule" (valuation) lower than the above threshold and this action, considering the aforementioned Articles 12 and 20, caused a difference of judgments among the courts as to which court has jurisdiction to hear this case? The answer has been given in the Unification of Judgments Decision of Supreme Court No.865.</description>
    </item>
    <item>
      <title>Ad-Hoc Arbitration under Iran&amp;rsquo;s IPC Regime: Procedural Rules, Legal Constraints, and Practical Implications</title>
      <link>https://www.compcp.ir/article_732366.html</link>
      <description>Iran&amp;amp;rsquo;s petroleum sector relies heavily on arbitration as the primary method of resolving disputes arising under Iran Petroleum Contracts (IPCs), particularly those involving sensitive exploration and production (E&amp;amp;amp;P) oil field projects. This article provides a comprehensive doctrinal analysis of the ad-hoc arbitration agreement contained in IPC Appendix P, demonstrating how it adapts international procedures, principally the UNCITRAL Arbitration Rules&amp;amp;mdash;to the specific requirements of Iran&amp;amp;rsquo;s legal system. Through detailed examination of statutory frameworks, including the Law on International Commercial Arbitration (LICA) and constitutional constraints imposed by Article 139, the research exposes the procedural, jurisdictional, and enforcement challenges faced by parties engaging in petroleum arbitration in Iran. It further scrutinises the IPC&amp;amp;rsquo;s multi-tier dispute resolution architecture, incorporating negotiation, ADR, ministerial review, and arbitration, and highlights the unique features of Iran&amp;amp;rsquo;s arbitration landscape, such as the mandatory application of Iranian law and restrictions on damage types. The study compares Iranian practice with international standards and identifies both areas of convergence and structural divergence. The article concludes with practical recommendations for contract drafters, counsel, and arbitrators navigating disputes under IPCs, focusing on arbitrability approvals, procedural efficiency, enforcement strategy, damages assessment, and tribunal selection.</description>
    </item>
    <item>
      <title>L&amp;rsquo;exequatur en France des jugements d&amp;rsquo;&amp;Eacute;tats tiers &amp;agrave; l&amp;rsquo;Union europ&amp;eacute;enne portant sur la protection des donn&amp;eacute;es personnelles : l&amp;rsquo;ordre public de l&amp;rsquo;Union europ&amp;eacute;enne comme boussole</title>
      <link>https://www.compcp.ir/article_733209.html</link>
      <description>La reconnaissance et l&amp;amp;rsquo;ex&amp;amp;eacute;cution en France de d&amp;amp;eacute;cisions rendues hors de l&amp;amp;rsquo;Union europ&amp;amp;eacute;enne, en l&amp;amp;rsquo;absence de convention applicable, ob&amp;amp;eacute;issent &amp;amp;agrave; une logique bien connue : permettre l&amp;amp;rsquo;efficacit&amp;amp;eacute; internationale des jugements sans transformer le juge fran&amp;amp;ccedil;ais en juge d&amp;amp;rsquo;appel, tout en pr&amp;amp;eacute;servant les exigences essentielles de l&amp;amp;rsquo;ordre juridique du for. Dans les rapports avec un &amp;amp;Eacute;tat tiers, ce r&amp;amp;eacute;gime de droit commun s&amp;amp;rsquo;applique sous r&amp;amp;eacute;serve des conventions sectorielles et, le cas &amp;amp;eacute;ch&amp;amp;eacute;ant, de la Convention de La Haye du 2 juillet 2019 lorsque l&amp;amp;rsquo;&amp;amp;Eacute;tat d&amp;amp;rsquo;origine est partie (ce qui demeure, &amp;amp;agrave; ce jour, limit&amp;amp;eacute;). Cette m&amp;amp;eacute;canique, pourtant stable, est aujourd&amp;amp;rsquo;hui mise sous tension par le contentieux des donn&amp;amp;eacute;es &amp;amp;agrave; caract&amp;amp;egrave;re personnel. Deux ph&amp;amp;eacute;nom&amp;amp;egrave;nes se conjuguent&amp;amp;nbsp;: la judiciarisation transfrontali&amp;amp;egrave;re des litiges &amp;amp;laquo; data &amp;amp;raquo; (actions collectives, contentieux contractuels de sous-traitance, injonctions probatoires), et l&amp;amp;rsquo;affirmation d&amp;amp;rsquo;un standard europ&amp;amp;eacute;en de protection, structur&amp;amp;eacute; autour du R&amp;amp;egrave;glement (UE) 2016/679 du 27 avril 2016 relatif &amp;amp;agrave; la protection des personnes physiques &amp;amp;agrave; l&amp;amp;rsquo;&amp;amp;eacute;gard du traitement des donn&amp;amp;eacute;es &amp;amp;agrave; caract&amp;amp;egrave;re personnel (R&amp;amp;egrave;glement g&amp;amp;eacute;n&amp;amp;eacute;ral sur la protection des donn&amp;amp;eacute;es, ci-apr&amp;amp;egrave;s RGPD).</description>
    </item>
    <item>
      <title>Report on the Proposal for the Field of Procedural Law at the Master of Law at University of Tehran and its End</title>
      <link>https://www.compcp.ir/article_731517.html</link>
      <description>Today, the need for specialized education and research in the field of civil, criminal, and administrative procedures, along with amicable methods of resolving disputes, is becoming more and more serious. Many prominent universities in other countries have established the field of procedural law or law of procedures or a combination of justice and procedural law. In Iran, the issue of establishing a procedural law field was raised for the first time in 2019 at the University of Tehran. Although this goal has not been achieved to date, hopes are alive and the groundwork for establishing this field is becoming more prepared every day. The scientific need, along with the great interest of students and researchers in procedural issues on the one hand, and on the other hand, the growth of lawsuits and judicial authorities and the differences and conflicts of judicial opinions, have made it impossible to respond to all the scientific and practical needs of this knowledge with a small and limited study of procedural and evidence courses at the undergraduate level of law and marginal studies of procedural and comparative procedural courses at the master's and PhD levels.</description>
    </item>
    <item>
      <title>Competent authorities for proceeding to civil liability claims caused by sanctions at the national and international levels</title>
      <link>https://www.compcp.ir/article_733820.html</link>
      <description>The prolonged and continuous imposition of sanctions against Iran over many years has caused extensive harm to numerous natural and legal persons. In many instances, these sanctions, either in their adoption or in their effects, have been accompanied by violations of international law and are therefore devoid of legitimacy and inconsistent with international legal standards. Where the incompatibility of sanctions with international obligations is established and their attribution to a sanctioning state or international organization is demonstrated, the international responsibility of the sanctioning entities arises.
In order to facilitate access to justice for victims of sanctions and to enable the possibility of reparation, it is essential to identify the competent judicial at both national and international levels and to clarify the applicable procedural frameworks. Accordingly, this research identifies the relevant judicial bodies and examines the jurisdictional bases, procedural mechanisms, parties to the proceedings, and other formal and substantive requirements governing sanctions-related claims. The ultimate objective is to facilitate effective remedies for victims of sanctions and to strengthen compliance with fundamental principles of international law.</description>
    </item>
    <item>
      <title>Contractual Solutions for Countering Guerrilla Tactics in Arbitration: From Preventive Clauses to Agreed-Upon Sanctions</title>
      <link>https://www.compcp.ir/article_733957.html</link>
      <description>The arbitration agreement, as the cornerstone of dispute resolution, is commonly viewed merely as an instrument for referring a dispute to arbitration. However, this minimalist approach overlooks its crucial potential to combat the destructive phenomenon of “guerrilla tactics”—a set of vexatious and dilatory actions aimed at protracting and undermining the proceedings, thereby eroding the fundamental advantages of arbitration: speed and efficiency. Therefore, this article aims to present a preventive contractual framework for disarming the “arbitration guerrilla” and addresses the key question: how can the arbitration agreement, through intelligent engineering, be transformed into an effective shield against this procedural scourge? Using a descriptive-analytical method, this study demonstrates that the key to an effective response lies not in ex post facto remedies, but in the activation of the principle of party autonomy. The findings indicate that by designing a structured and disciplined process (such as establishing codes of conduct and setting firm deadlines), stipulating effective financial sanctions (like cost allocation based on misconduct and the use of procedural penalty clauses), and incorporating powerful enforcement tools (suchas asymmetric clausesand requests for adverse inferences), parties can transform thearbitration agreement into a robust fortress against deliberate disruptions, thereby ensuring the integrity and efficiency of arbitration.</description>
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      <title>The articulation of contractual claims in commercial and investment arbitration</title>
      <link>https://www.compcp.ir/article_734008.html</link>
      <description>This article investigates the articulation of contractual claims within the framework of commercial and investment arbitration, addressing the recurrent question of when a contractual breach by a state-owned entity may rise to the level of a treaty breach attributable to the host state. Through a doctrinal and jurisprudential analysis, it traces the evolution of this issue from early academic debate to key arbitral precedents such as SGS v. Pakistan, SGS v. Philippines, and Garanti Koza v. Turkmenistan. The article discusses the interpretive challenges surrounding umbrella clauses, the distinction between contractual and treaty obligations, and the impact of forum selection clauses on arbitral jurisdiction. It further assesses the role of broadly drafted dispute resolution and most-favoured-nation clauses in extending treaty protection to contractual breaches. The analysis demonstrates that arbitral practice remains inconsistent and fragmented, revealing tensions between party autonomy under contract and the internationalisation of state responsibility under investment treaties. Drawing on comparative case law and practical experience from Iran, the article concludes with drafting recommendations for foreign direct investment contracts to preserve treaty-based avenues of redress. By clarifying the conditions under which contractual obligations may be internationalised, this</description>
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    <item>
      <title>Football and Competent Authority to Resolve its Disputes</title>
      <link>https://www.compcp.ir/article_734778.html</link>
      <description>With the development and expansion of football as one of the most popular sports in the world,, football disputes have taken on a newer and more complex form, to the extent that disputes related to this sport have found many forms and examples, and the authorities for resolving these disputes and the performance of these authorities have also changed compared to the past. It has undergone many changes. Football and the disputes related to this area, like other specialized matters in the world today, need to be examined by elites and people familiar with this field of sports, and it can be said that assuming the validity of the regulations and laws in the national federations, confederations and the world federation(fifa), the plan of this Lawsuits in specialized authorities will lead to a better result than going through a fast, specialized and much cheaper trial process for the parties to the case.</description>
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      <title>Law and Emotion: Intuitive Judging, Heuristics and Cognitive Biases in Law</title>
      <link>https://www.compcp.ir/article_735308.html</link>
      <description>Humans use heuristics unconsciously, i.e., cognitive processes or experience-based strategies that are used to solve a problem or reach a decision, leading to cognitive biases. Judges are human and prone to the same cognitive biases, especially since the nature of their job requires judgment under uncertainty. Heuristics and cognitive biases are unconscious and occur automatically.
This article uses data from behavioral science studies and desk research to address the question of which heuristics are used in the judicial process, what biases they lead to, and how they can be moderated. Confirmation bias, hindsight bias, availability bias, representation bias, and moral bias are among the most prominent ones. There are ways to minimize harmful biases in judgment. Training and publication of judicial opinions, utilizing checklists, reassessment (by judges themselves or a higher court), and writing judicial opinions are existing solutions, some of which are reflected in procedural law and should be taken seriously. It should also bear in mind that the fallibility of the mind requires a review of the irreversible legal consequences in the judicial justice system.</description>
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    <item>
      <title>A different look at securing false claims and penalties for abuse of the right to sue with a comparative study of French law</title>
      <link>https://www.compcp.ir/article_735309.html</link>
      <description>Article 109 of the Civil Procedure Code allows the defendant to request security from the defendant to compensate for the legal costs that the plaintiff may have to pay to the defendant after a possible conviction. Legal writers have called this type of security the security for a false claim and have studied it in the section on objections. This is while neither the law nor the doctrine has defined a false claim and has not introduced a criterion or measure for determining whether a claim is false, in addition, this security has nothing to do with procedural objections and is a type of security. This is while most civil procedure writers have considered this security to be one of the objections and have studied it in the section on objections. In this article, the false claim under discussion and the philosophy of establishing this security, which is to prevent the filing of unfounded claims, have been stated.  The procedure for requesting security, the court&amp;amp;#039;s duty to determine the term and amount of security, and the methods of objecting to the amount of security and the term for its payment, and the guarantee of its non-payment, have also been discussed.</description>
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    <item>
      <title>The possibility of applying the general rules of administrative procedure in quasi-judicial bodies</title>
      <link>https://www.compcp.ir/article_735310.html</link>
      <description>Abstract
Administrative law lacks a general code of administrative procedure, and quasi-judicial authorities do not have detailed or adequate procedural procedures except in limited cases. Therefore, the issue discussed in this article is whether it is possible to deduce general rules of administrative procedure from the existing procedural regulations in Iran and make them governing proceedings in quasi-judicial authorities. After examining some general rules of administrative procedure in some countries and also examining the general rules of criminal and civil procedural laws, the author has concluded that there are principles and rules in the Iranian procedural law system that are mandatory for quasi-judicial authorities to observe. These rules can be deduced from the general rules of civil procedural law and criminal procedural law, or can be considered as a legal and rational principle and, in general, as general rules of administrative procedure governing proceedings in quasi-judicial authorities.
Keywords: procedural law, administrative, principles, general rules, quasi-judicial authorities</description>
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