A comparative study of historical factors affecting civil procedure in ‎Iran and Europe

Abstract The civil procedure is most influenced by the history and culture of any country, so one of the most basic questions is that; what historical factors are effective on the civil procedure? In Europe, the Roman-canonical procedure is dominant and this dominance is due to the political decisions to form new courts, the appointment of learned lawyers in those courts, and the legislation regarding the procedure in line with the progress of new sciences. Also, the abolition of common forms of litigation was the result of the political decisions of the 19th-century British Parliament. In short, the modernization of the European procedure in the late Middle Ages was the result of the cooperation of intelligent rulers and the cost of territories. The 20th century, as a result of political and social developments, witnessed the emergence of socialist laws and socialist procedures. The procedure in Iran has also been subject to the religion and the will of the rulers until in the new era, with the formulation of laws and the regulation and coordination of state courts, and the use and adaptation of foreign laws, Iran also joined the modern procedure methods. This article analyzes the role of rulers, clerics and the emergence of universities and new sciences in civil