Adherence of E-Justice to the Basic Principles of Procedure By Comparative study in French Law

Document Type : Original Article

Authors

1 Associate Professor, Department of Private and Islamic Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.

2 Master of Private Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.

Abstract

Transforming the traditional procedure into an electronic procedure with the idea of ​​material formalization of the litigation and its procedure means the elimination of material and paper tools and equipment in the procedure, which is directly due to the acceptance of information and communication technology in the procedure and its procedure. The influence of technology in various areas of the litigation process, as an inevitable thing, leads the litigation process towards materialization by removing paper, changing the concept of time and place from it, and as a result providing faster, easier and more reliable services. Despite the widespread benefits of the influence of these technologies in the judiciary, the implementation of this method of exchanging information and communication in the judiciary must be done in accordance with certain principles and adherence to them; The right of the parties to access the paper copy and the principle of the ability to deviate from the method of electronic information exchange and the principle of observing the defense rights of the parties. Each of this rights and principles assists the administration of fair trial which is affected by the elimination of material and paper tools and always bringing an apportunaty for court to control the prerequisites of e-justice; this control increase actually the power of court but finally results to due process and good enforcing of procedure.

According to the authors, the world of litigation does not change with the advent of information and communication technology.

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Main Subjects

References

 
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Journal of Comparative Law
Volume 5, Issue 2 - Serial Number 8
October 2022
Pages 221-237

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History

  • Receive Date: 30 November 2020
  • Revise Date: 01 January 2021
  • Accept Date: 13 February 2021

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