Document Type : Research Paper
Author
IRAN BAR ASSOCIATION
Abstract
One of the issues facing the Iranian legal system today is the unpredictability of judicial decisions; As in some cases them are so unpredictable that individuals, no matter how familiar with legal issues, cannot predict the court's decisions.
The Predictability of judicial decisions in Iranian legal system is essential. Based on these necessities The judiciary in the judicial security document approved in 1399/7/23 and also the judicial Transformation document approved in 1399/10/6 has emphasized on predictability of results of legal system (judicial decisions).
In this article it was concluded that the lack of legal certainty, legal transparency, legal coherence, and legal stability are the most important reasons for the unpredictability of judicial decisions in the Iranian legal system which basically can be eliminated by providing solutions that lead to increased , transparency, certainty, coherence, legal stability and formalism.
Also, given that most rules related to contract law are supplementary, the parties to the contract can use clarifying contractual terms in cases of deficiency, insufficiency, conflict, or silence of the laws to make decisions regarding the aforementioned matters in their contractual relationship and thus reduce the unpredictability of judicial decisions in their legal relationship
Keywords
- unpredictability of judicial decisions
- legal transparency. legal certainty
- legal coherence
- legal stability
- legal security
- formalism
Main Subjects
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