Ex-office Recourse of Judge to the Cause of Invalidity of Contract The Art of Procedure by Application of Adversary Principle (Judgment No. 1137 of 22 Oct. 2020 Supreme Court of France)

Whether in Facts which have traditionally been dominated by the parties, or in Probative or Evidence matter which, in the fullest sense of the word, with the role granted to the active judge, have been shared between the parties on the one hand and the judge on the other and in the matter of Law which is still traditionally within the jurisdiction of the court, the judge must observe the principle of adversarial, both in relation to the parties and to himself. In French Law there is a sharp distinction between Facts, Laws and the Proof and when a judge decides to recourse one of them without application of parties, he should observe the principle of adversary. We can accept this approach in Iranian Law. The benefit of this is so much; Protecting the private interests of the parties in civil proceedings and maintaining a safe distance from them and being in way of impartiality and respecting the rights of litigants and finally avoiding weak and non-defendable judgments are the benefits of implementing this principle.