Theory of preliminaries and pillars of litigation in judicial verdicts

The consideration of any dispute and the issuance of votes is subject to the determination of the issues or matters that determine the outcome of the proceedings. These matters have been mentioned in some of the judges' opinions. But what is the meaning of the preamble or pillar of the lawsuit and what effect do they have on the outcome of the trial? Based on what has been mentioned in this article, two types of preamble to litigation should be considered: general preamble and specific preamble to litigation. The general premise is all that is necessary for a fair and just hearing in the litigation, which must be present in every litigation, as if the plaintiff had a legal position. Specific arrangements are also a special precondition for the consideration of any lawsuit, which is determined by the nature of the lawsuit and is dedicated to the same lawsuit, as if in a lawsuit for money arising from commercial documents, the deadline for claiming the document has arrived. Regarding the elements, according to the findings of this article, the elements of litigation are matters that the judge enters into the nature of the litigation in order to establish them, while examining the evidence, and after establishing them, he must issue a verdict on the lawsuit, whether it is a verdict on the plaintiff or convicted. The two criteria of compensability and substantive or formal consideration are also described as criteria for separating the pillar from the specific introduction. In this descriptive-analytical method, this article seeks to specify the concepts of the preamble and the pillars of the lawsuit while pointing and criticizing several votes, and to standardize the guarantee of the absence of any of the mentioned concepts, and finally to provide criteria for identifying the preamble of the pillars.