Abuse of Rights in Civil Proceedings in Iran and France

Abstract

The litigants in civil proceedings have several rights. These rights may be abused. In Iran's Civil Procedure Law, the prohibition of the abuse of the right is not explicitly foreseen in the form of a legal article. Therefore, a fundamental question is raised that "is the principle of prohibition of abuse of rights accepted in civil proceedings or not?” Due to the silence of Iran's Civil Procedure Law, there may be doubts about the prohibition of abuse of rights in civil proceedings, but by using the library research method and citing other evidences and foundations (including legal principles, public order, ethics, proceedings’ purposes, etc.), this doubt will be resolved and it will be possible to prove the prohibition of abusing the right in civil proceedings. Although these foundations are also current in French law, the French legislator has not been satisfied with these foundations and has not remained silent regarding the prohibition of the abuse of the right, but has provided transparent and numerous legal articles to prohibit the abuse of the right.

Keywords

• ethics
• legal principles
• fraud against the law
• good faith
• public order