Document Type : Scientific research

Authors

1 Islamic Azad University of Neyshabour

2 Islamic Azad University of Mashhad

3 Deparment of private law of Islamic Azad University of Neyshabour

10.22067/economlaw.2024.86832.1351

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

 

[1] Abdipour Fard, Ebrahim,(2016). Legal Requirements Of Financing By Issuance Of Islamic Financial Instruments (Iranian Case Study), Uncitral Emergence Conference.

[2] Almasi, Nejad Ali, (2013). A study on the quality of the proceedings in the judicial process, scientific-research journal of judicial law perspectives of the University of Judicial Sciences, 17th year, number 58, Tehran. (in Persian)

[3] Ansari, Mehdi, (2012). Economic analysis of contract law, Javadane Publications (Jangal), first edition, Tehran. (in Persian)

[4] Bailey, Jean, (2017). Trust, notion and conditions, London : Oxford.

[5] Barker, Jean, (2019). Commercial Law, London : Oxford.

[6] Birmingham, Robert, (2017) Breach of contract, Damage measures, Economic Efficiency, 24 Rutgers L Rev, pp: 273-284.

[7] Brousseau, Eric and Glachant, Jean Michel, (2019). Contract Economics, renewal of Economics, pp: 3-26.

[8] Coase, Ronald, (1973). The nature of the firm, economica, new series, vo1/4, no16, pp: 386-405.

[9] Coase, Ronald, (2015). The problem of social cost, Journal of law and Economics, pp: 1-44.1960.

[10] Craswell, R, (1997). Freedom of contract: the coase lecture series, Chicago working paper in law and economics.

[11] Craswell, R, (2005). The incomplete contracts literature and Efficient precautions, 56, pp: 151-168.

[12] Dadgar, Yadullah; (2013). Basic components and dimensions of law and economics, Publications of the Economics Research Institute of Tarbiat Madras University and Noor Alam Publications, first edition, Tehran. (in Persian)

[13] Dehkhoda, Ali Akbar, (2015). Persian Dictionary, Digital format, University of Tehran publication. Tehran. (in Persian)

[14] Friedman, Daniel, (1989). The Efficient Breach fallacy, the Journal of legal studies, vol 18, No1, pp: 1-24.

[15] Hart, oliver and Moore, John, (1988). Incomplete contracts and Renegotiation, 56 Econometrica, pp: 755-785.

[16] Holmes, oliver,(2019). The path of the law, 10 Hrvard law.

[17] Jafari Langroodim, Mohammad Jafar, (2013). Legal Terminology, Ganj Danesh Publication, Tehran. (in Persian)

[18] Kronman, Antony,(1987). specific performance, the university of Chicago law Review, vol 45, No 2, pp: 351-382.

[19] Mohseni, Hassan, (2012). Administration of civil proceedings on the basis of cooperation and within the framework of the principles of proceedings, company of publishing, first edition, Tehran. (in Persian)

[20] Shams, Abdollah, (2014). Civil Procedure, Volume 2, 23 Edition, Derak Punbication. Tehran. (in Persian)

[21] Shaul, Stone, (2011). Economic Analysis of Laws, translation, Mohsen Esmaili, Islamic  Council Research Center Publications, first edition, Tehran.

[22] Vahedi, Ghodratollah, (2014). Civil Procedure, Volume 2. Mizan Publication. Tehran. (in Pers

 

 

 
[1] Abdipour Fard, Ebrahim,(2016). Legal Requirements Of Financing By Issuance Of Islamic Financial Instruments (Iranian Case Study), Uncitral Emergence Conference.
[2] Almasi, Nejad Ali, (2013). A study on the quality of the proceedings in the judicial process, scientific-research journal of judicial law perspectives of the University of Judicial Sciences, 17th year, number 58, Tehran. (in Persian)
[3] Ansari, Mehdi, (2012). Economic analysis of contract law, Javadane Publications (Jangal), first edition, Tehran. (in Persian)
[4] Bailey, Jean, (2017). Trust, notion and conditions, London : Oxford.
[5] Barker, Jean, (2019). Commercial Law, London : Oxford.
[6] Birmingham, Robert, (2017) Breach of contract, Damage measures, Economic Efficiency, 24 Rutgers L Rev, pp: 273-284.
[7] Brousseau, Eric and Glachant, Jean Michel, (2019). Contract Economics, renewal of Economics, pp: 3-26.
[8] Coase, Ronald, (1973). The nature of the firm, economica, new series, vo1/4, no16, pp: 386-405.
[9] Coase, Ronald, (2015). The problem of social cost, Journal of law and Economics, pp: 1-44.1960.
[10] Craswell, R, (1997). Freedom of contract: the coase lecture series, Chicago working paper in law and economics.
[11] Craswell, R, (2005). The incomplete contracts literature and Efficient precautions, 56, pp: 151-168.
[12] Dadgar, Yadullah; (2013). Basic components and dimensions of law and economics, Publications of the Economics Research Institute of Tarbiat Madras University and Noor Alam Publications, first edition, Tehran. (in Persian)
[13] Dehkhoda, Ali Akbar, (2015). Persian Dictionary, Digital format, University of Tehran publication. Tehran. (in Persian)
[14] Friedman, Daniel, (1989). The Efficient Breach fallacy, the Journal of legal studies, vol 18, No1, pp: 1-24.
[15] Hart, oliver and Moore, John, (1988). Incomplete contracts and Renegotiation, 56 Econometrica, pp: 755-785.
[16] Holmes, oliver,(2019). The path of the law, 10 Hrvard law.
[17] Jafari Langroodim, Mohammad Jafar, (2013). Legal Terminology, Ganj Danesh Publication, Tehran. (in Persian)
[18] Kronman, Antony,(1987). specific performance, the university of Chicago law Review, vol 45, No 2, pp: 351-382.
[19] Mohseni, Hassan, (2012). Administration of civil proceedings on the basis of cooperation and within the framework of the principles of proceedings, company of publishing, first edition, Tehran. (in Persian)
[20] Shams, Abdollah, (2014). Civil Procedure, Volume 2, 23 Edition, Derak Punbication. Tehran. (in Persian)
[21] Shaul, Stone, (2011). Economic Analysis of Laws, translation, Mohsen Esmaili, Islamic  Council Research Center Publications, first edition, Tehran.
[22] Vahedi, Ghodratollah, (2014). Civil Procedure, Volume 2. Mizan Publication. Tehran. (in Pers
 
 
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