Comparing the Provisions of Principe de Contradictoire under Iranian and English Law

Abstract

Guaranteeing the equality of the parties before the court is one of the most important characteristics of a fair judicial proceeding. In this regard, it should be said that each party has the right to be informed of the other party's evidences and claims, challenge those claims and state his own evidences and claims. This right is recognized in both the Iranian and English legal systems, although there is no express statement of it in legal documents. By comparing the provisions of the two systems, this article tries to seek out and extract Principe du contradictoire in both systems. We will see that although Principe du contradictoire is originally a French principle, it is so closely connected with mandatory rules and internationally accepted principles that it is impossible to deny its existence in Iranian and English legal systems. It is certain that comprehending the nature and role of Principe du contradictoire in English legal system helps us find new aspects and discover unknown angles of this principle in our own legal system.

Keywords

• principe de contradictoire
• equality of the parties
• the right to be heard
• mandatory rules
• comparative study