نوع مقاله : علمی پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق خصوصی، واحد تهران شمال، دانشگاه آزاد اسلامی، تهران. ایران.
2 استادیار گروه حقوق، واحد تهران شمال،دانشگاه آزاد اسلامی، تهران ،ایران.
3 استادیار گروه حقوق، واحد اسلامشهر، دانشگاه آزاد اسلامی، اسلامشهر، ایران.
4 استادیار گروه حقوق، واحد تهران شمال، دانشگاه آزاد اسلامی، تهران، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The present study aims to investigate the protection of client's secrets by the lawyer by applying it in the legal system of Iran and the United States using descriptive analytical method. The spirit of justice in legal systems has prevented the lawyers from disclosing the client's secrets in order to ensure the victory in the legal process. Because human dignity will be higher than using any means to achieve success. In Iran's legal system, the preservation of the secrets of individuals should be considered with jurisprudential support, and in the American legal system, the legislator, considering the emphasis of the legal doctrine in the common law system and its application in the laws, the issue of non-disclosure of the client's secrets, is one of the important priorities in the judicial process. is considered Although it seems that the application and emphasis on non-authorized disclosure of client's secrets has a more appropriate process and system compared to Iran, and it is very unlikely that a lawyer will disclose his client's information. The legislator has also required the judicial authority to emphasize his capacities and abilities in order to obtain evidence to prove the claim, and therefore the possibility of the legal obligation of the lawyer to disclose the client's information will not be possible in that legal system, while in the legal system Iran, the legislator in many laws, if needed, will have the authority to act on the lawyer's requirement to provide the client's information. With this description, in the present study, an effort was made to discuss the structure of confidentiality of information between the lawyer and the client from the perspective of two legal systems.
کلیدواژهها [English]
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