The Impact of Comparative Study Methodologies on Civil Procedure in Iran

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

3 PhD student of private law, Alborz campus of Tehran University, Tehran, Iran.

Abstract

One of the challenges encountered by researchers in comparative law studies is the lack of consensus regarding the selection of a specific methodology for conducting these studies. On one hand, “comparative law” and especially “its methodology” is a relatively young and evolving field that has faced numerous criticisms and evolutions in recent decades. On the other hand, it is essential to separate a comparative study from the historical, social, and cultural context of the countries under study, as these factors cannot be separated from a comparative analysis. This complexity has made it difficult to identify an appropriate method for conducting comparative studies due to their multifaceted nature. In this study, we first explain the fundamental concepts related to the methodology of comparative law, the historical context and the development of Iranian civil procedure. Given the nascent nature of the subject of “comparative law methodology” in particular and the recent emergence of “comparative law” as an independent field of legal studies more broadly, the Iranian civil procedure system, despite the commendable efforts of scholars, has not sufficiently from comparative law studies, particularly in the area of the legislative framework of civil procedure law.

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References

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Journal of Comparative Law
Volume 8, Issue 4 - Serial Number 16
January 2025
Pages 161-178

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History

  • Receive Date: 24 October 2023
  • Revise Date: 10 January 2024
  • Accept Date: 04 February 2024

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