Critique of Iranian Courts' Judicial Procedure in Proceeding on Iranian Contracts
Based on the distinction between administrative and private contracts and the dominant aspect of administrative contracts and the sovereignty of administrative contracts, it is desirable to hear claims about these types of contracts in administrative courts and by judges familiar with the principles and rules of this area. However, in Iranian courts, most cases are heard by public courts. This paper describes in a descriptive-analytical way the critique of the judicial procedure of courts in dealing with "administrative contracts". According to the findings of this study, despite the fact that in most cases of the Supreme Court and the Court of Administrative Justice, most administrative contracts and their matters have been excluded from the jurisdiction of the Administrative Justice Court and have been dealt with by the public courts, But according to the constitution and ordinary laws, these cases must be dealt with by the Court of Administrative Justice. The use of this criterion, of course, must distinguish between administrative contracts and absolute government contracts, and the sole jurisdiction of the Court of Administrative Justice is to deal with those contracts which enjoy the authority and privileges of public power.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.