نوع مقاله : مقاله پژوهشی
نویسنده
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
In the Iranian legal source of law, the judiciary is the sole official reference for adjudication, and there is no place in this regard for Taghas. In other sources of law in Iran, including valid jurisprudential sources, custom, and doctrine, Taghas is declared as a non-judicial way of adjudication. Some legal systems, such as those of the UK and the USA, have declared self-help as one of the extrajudicial remedies. The first issue in the current study is the possibility of permitting Taghas based on custom, valid jurisprudential sources, and doctrine. The second issue is identifying the correct equivalent for Taghas in the legal systems studied. Based on this study, although the legal source of Iranian law prohibits the validity of Taghas, due to its function and justifiability in jurisprudence and doctrine, appropriate action should be taken by policymakers to legislate to allow Taghas. The current equivalent for Taghas in the legal systems studied is self-help.
کلیدواژهها [English]
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