The Impact of Comparative Study Methodologies on Civil Procedure in Iran
One of the challenges encountered by researchers in comparative law studies is the lack of consensus regarding the selection of a specific methodology for conducting these studies. On one hand, “comparative law” and especially “its methodology” is a relatively young and evolving field that has faced...
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| Format: | Article |
| Language: | English |
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University of Mazandaran
2024-12-01
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| Series: | پژوهشنامه حقوق تطبیقی |
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| Online Access: | https://lps.journals.umz.ac.ir/article_4634_d5b649f620700a2bb127115475da0890.pdf |
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| author | Majid Ghamami Hassan Mohseni Nima Rahmani Fard |
| author_facet | Majid Ghamami Hassan Mohseni Nima Rahmani Fard |
| author_sort | Majid Ghamami |
| collection | DOAJ |
| description | One of the challenges encountered by researchers in comparative law studies is the lack of consensus regarding the selection of a specific methodology for conducting these studies. On one hand, “comparative law” and especially “its methodology” is a relatively young and evolving field that has faced numerous criticisms and evolutions in recent decades. On the other hand, it is essential to separate a comparative study from the historical, social, and cultural context of the countries under study, as these factors cannot be separated from a comparative analysis. This complexity has made it difficult to identify an appropriate method for conducting comparative studies due to their multifaceted nature. In this study, we first explain the fundamental concepts related to the methodology of comparative law, the historical context and the development of Iranian civil procedure. Given the nascent nature of the subject of “comparative law methodology” in particular and the recent emergence of “comparative law” as an independent field of legal studies more broadly, the Iranian civil procedure system, despite the commendable efforts of scholars, has not sufficiently from comparative law studies, particularly in the area of the legislative framework of civil procedure law. |
| format | Article |
| id | doaj-art-4cc16304e8cc405ea66ad663b1177f05 |
| institution | OA Journals |
| issn | 2423-7566 |
| language | English |
| publishDate | 2024-12-01 |
| publisher | University of Mazandaran |
| record_format | Article |
| series | پژوهشنامه حقوق تطبیقی |
| spelling | doaj-art-4cc16304e8cc405ea66ad663b1177f052025-08-20T02:02:50ZengUniversity of Mazandaranپژوهشنامه حقوق تطبیقی2423-75662024-12-018416117810.22080/lps.2024.26181.15694634The Impact of Comparative Study Methodologies on Civil Procedure in IranMajid Ghamami0Hassan Mohseni1Nima Rahmani Fard2Associate Professor, Department of Private and Islamic Law, Faculty of Law and Political Science, University of Tehran, Tehran, IranProfessor, Department of Private and Islamic Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.PhD student of private law, Alborz campus of Tehran University, Tehran, Iran.One of the challenges encountered by researchers in comparative law studies is the lack of consensus regarding the selection of a specific methodology for conducting these studies. On one hand, “comparative law” and especially “its methodology” is a relatively young and evolving field that has faced numerous criticisms and evolutions in recent decades. On the other hand, it is essential to separate a comparative study from the historical, social, and cultural context of the countries under study, as these factors cannot be separated from a comparative analysis. This complexity has made it difficult to identify an appropriate method for conducting comparative studies due to their multifaceted nature. In this study, we first explain the fundamental concepts related to the methodology of comparative law, the historical context and the development of Iranian civil procedure. Given the nascent nature of the subject of “comparative law methodology” in particular and the recent emergence of “comparative law” as an independent field of legal studies more broadly, the Iranian civil procedure system, despite the commendable efforts of scholars, has not sufficiently from comparative law studies, particularly in the area of the legislative framework of civil procedure law.https://lps.journals.umz.ac.ir/article_4634_d5b649f620700a2bb127115475da0890.pdfcomparative lawmethodologymethodscomparative studiedcivil procedural law |
| spellingShingle | Majid Ghamami Hassan Mohseni Nima Rahmani Fard The Impact of Comparative Study Methodologies on Civil Procedure in Iran پژوهشنامه حقوق تطبیقی comparative law methodology methods comparative studied civil procedural law |
| title | The Impact of Comparative Study Methodologies on Civil Procedure in Iran |
| title_full | The Impact of Comparative Study Methodologies on Civil Procedure in Iran |
| title_fullStr | The Impact of Comparative Study Methodologies on Civil Procedure in Iran |
| title_full_unstemmed | The Impact of Comparative Study Methodologies on Civil Procedure in Iran |
| title_short | The Impact of Comparative Study Methodologies on Civil Procedure in Iran |
| title_sort | impact of comparative study methodologies on civil procedure in iran |
| topic | comparative law methodology methods comparative studied civil procedural law |
| url | https://lps.journals.umz.ac.ir/article_4634_d5b649f620700a2bb127115475da0890.pdf |
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