Document Type : Article
Authors
1 Ph.D. Student in Private Law, Department of Law, Faculty of Administrative Sciences and Economics, University of Isfahan, Isfahan, Iran
2 Associate Prof of International Law, Department of Law, Faculty of Administrative Sciences and Economics, University of Isfahan, Isfahan, Iran
3 Associate Prof of Private Law, Department of Law, Faculty of Administrative Sciences and Economics, University of Isfahan, Isfahan, Iran
Abstract
The advent of the global village has fostered increased interactions among people and consequently giving rise to legal disputes. In this context, coordinating legal laws among countries will result in a more effective resolution of disputes between parties. Historically, legal doctrine focused on unifying substantive rules, while harmonization of procedural laws received less attention for various reasons, including perceived public nature and underestimating its significance. However, recent trends indicate a shift towards unifying the procedural rules. While some jurists oppose the unification of procedural laws due to the difficulty in unifying these rules and a preference for diversity in legal framework as in other fields of human experience, studies demonstrate that harmonization of rules is not only desirable for reasons such as the expansion of relationships between individuals at the global level, advantages of litigation over arbitration, fixing the problem of parallel jurisdictions, unifying the definition of residence, resolving conflicts in the jurisdiction of foreign courts, establishing res-judicata at the international level and more, rather, it seems necessary in today's world. The unification of procedural rules, by addressing differences in litigations across various legal systems, results in the unity of proceedings, ultimately ensuring the implementation of civil judgments regarded as the outcome of legal procedure and establishing justice.
Keywords
English
- Books
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