Consultative view of judge in civil trial

Document Type : Research Paper

Authors

1 Assistant Professor, Civil Procedure & Enforcement Law Faculty of Law & Political Science, University of Tehran, Iran

2 Assistant Professor, Department of Law, University of Science & Culture, Tehran, Iran

Abstract

Consultative view of judge among its decisions and acts in civil trial has been neglected and less analyzed. This view is a guidance and consultation that a judge gives to the parties; A consultation which has any executive or probative effect and in this way is comparable with "consultative order" in Islamic Jurisprudence. As a consultative view is not a judicial act, its issuance from a judge may be result to undue anticipate of parties from an independent and impartial judicial power.

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