Economic analysis of the civil justice system with an emphasis on appellate proceedings

دانشنامه حقوق اقتصادی

Volume 31, Issue 25, September 2024, Pages 22-36   

Document Type: Scientific research

DOI: 10.22067/economlaw.2024.86832.1351

Authors

Mitra Shafighi¹; Seyyed Mohsen Hosseini Pooya^{* 2}; Seyyed Hamidreza Mousavipour³

¹PhD student in Private Law, Department of Private Law, Islamic Azad University,Neyshabour Branch, Neyshabor, Iran.

²Assistant Professor, Department of Private Law, Islamic Azad University, Mashhad Branch, Mashhad, Iran

³Assistant Professor, Department of Private Law, Islamic Azad University, Neyshabour Branch, Neyshabor, Iran.

Abstract

The knowledge of economics has the ability to be used as one of the basic pillars in the interpretation and description of the civil procedure and its rules and structures, like some other sciences. In the meantime, the findings of this research indicate that the costs of registering and filing lawsuits and the costs of delaying proceedings are among the factors involved in the analysis of the economics of proceedings. In addition, the conducted study shows that the fundamentals reflected in formalism and realism schools are considered to justify the economy of proceedings and proceedings, including appeal proceedings. Also, the examination of the teachings of economic law and its relationship with the procedure indicates that by resorting to the criteria of efficiency, reasonable behavior, Pareto; Kaldor Hinz and Panz - each of which in some way shows the justification of the activities of individuals - can justify the civil procedure system, including the methods of protesting the votes, especially the appeal proceedings. This research, in a descriptive-analytical way and with a library method, through theoretical discussions, examines and analyzes the economic analysis of appellate proceedings as one of the methods of revising the decisions issued by the courts and also one of the important topics in the legal system. Civil proceedings have been paid.

Keywords

appeal proceedings; school of formalism; school of realism; criterion of efficiency; criterion of reasonable behavior

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