جستجوی مقالات مرتبط با کلیدواژه "هزینه های دادرسی" در نشریات گروه "فقه و حقوق"

One of the most important aspects of consumer protection that has received little attention is the facilitation of consumer litigation. Costs of Litigation are one of the major barriers to consumer litigation. In Iranian law, the lack of special assistance for consumers and the limitations of the general rules of insolvency and the limited financial resources of consumer protection organizations, in practice have created obstacles for consumers to sue. In different legal systems, different mechanisms are considered in order to remove this obstacle. legal expenses insurances can be considered as one of the tools that are effective in removing this obstacle and facilitating consumer litigation by covering cost of litigation and have been considered in most legal systems. The present study in a descriptive-analytical method and through collecting data with library method, while studying these insurances in some pioneering legal systems in this field, have studied these insurances in order to facilitate consumer lawsuits. The experience of the studied legal systems confirms that these insurances, along with other assistance tools, are a good solution to facilitate consumer litigation. In the Iranian legal system, despite the predicting of these insurances in the bylaws of mandatory advocacy, with the issuance of Unanimous decision of the Supreme Court, there are currently no special provisions in this regard. However, considering the acceptance of the insurance contract and the principle of freedom of contracts, these insurances are also defensible in Iranian law and while having a deterrent effect on the inflicting of loss to consumer, can have some deterrent effect on litigation costs. Therefore, it is necessary to revive the provisions of the recent regulations and legal protections for these insurances in order to use its positive functions.

Reasonable and common time and costs of civil litigation and efficient litigation advocacy (trial) process are called the quality trial that make an optimum flow (procedure) of trial and its efficiency. Quality of trial، which is one of the fundamental guarantees in a civil trial system، emphasizes on effective organizing of legal relations litigants and judicial apparatus، therefore; meanwhile the social function of trial is promoted، the substantial justice (= efficient justice) will be also achieved. In this paper، first of all، the concept of efficient trial and quality of justice is discussed and then respectively، the position and indicators for quality of trial are noted; finally، it is focused on counting and explaining the promoting of quality trial factors.