The Unethical Nature of Maneuvers Leading to Delays in Civil Proceedings for the Establishment of Justice

Introduction: Fair and equitable proceedings, as one of the most fundamental ethical demands in the legal system, can have positive consequences in the legal system. In the process of civil proceedings, resorting to various means can prolong the proceedings and even violate the rights of the other party. Deviating the course of proceedings by resorting to delaying maneuvers will unfairly seize time in favor of one party and to the detriment of the other. In this article, an attempt has been made to explain the unethical nature of maneuvers leading to delays in civil proceedings and to identify it as an independent entity that has its own definition and characteristics. Material and Methods: This article is a descriptive review and the research method is historical, analytical, applied and inductive. Related documents reviewed for the literature and information analyzed. Conclusion: Various circulars have been issued in the Iranian judicial system to eliminate the delay of proceedings, but as long as the unethical nature of the delay maneuvers is not intended, the removal of the delay in the proceedings is inevitable, even in a biased manner by the litigants. These delay maneuvers, in addition to fraud against legal procedures and measures, are observed from the beginning of the proceedings, even before the case is referred to the judge and during the proceedings until its conclusion. By recognizing this independent nature and distinguishing it from similar titles, such as fraud against the law and abuse of rights, preventing the reliance on these causes of delay by litigants in civil proceedings through legislation with the aim of directly dealing with this phenomenon is intended by the Iranian legislator, benefiting from French doctrine and laws and even in a more advanced manner.

کلیدواژه ها:

Ethics ، Abuse of rights ، Fraud against the laws ، Delaying maneuvers ، Delay of proceedings