Analysis of Essentials of Judicial Reconsideration in the Iranian Law and Shiite Jurisprudence

Document Type : Research Paper

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Abstract

Judicial reconsideration refers to the process that should obligations of parties of a contract become unequal due to some unexpected accident, the judge would reconsider articles of the contract on the basis of a general judgment in the Law, a juristic rule, or verdicts of jurists. There are some opinions as to justification of judicial reconsideration some of which being that of implicit conditioning, occurred lesion, the juristic rule of “negation of harm and difficulty,” and that of “what is possible.” Investigation of such opinions results in this idea that juristic rules of “negation of harm and difficulty” and “what is possible” are more capable of such justification

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