Lack of good faith in filing a petition Guarantee of execution and its positive evidences in judicial procedure

Haddadiardakani, Samad

doi:10.22106/jcr.2022.546962.1389

Lack of good faith in filing a petition Guarantee of execution and its positive evidences in judicial procedure

Author

samad haddadiardakani

Master's student, University of Tehran (Farabi Campus), Qom, Iran

10.22106/jcr.2022.546962.1389

Abstract

In this article, the effects of lack of good faith in the draft petition are analyzed with the aim of identifying the elements of good faith and the lack of it in the petition, as well as recognizing the judicial procedure. The main question is whether the lack of goodwill damages the petition. And how should this be discovered and what are the positive evidences? And in cases where the plaintiff does not have good faith in filing a lawsuit, what decision should the court make?
By descriptive-analytical method and by studying jurisprudential and legal sources and extensive research in judicial opinions, it was concluded that although the theory of goodness is not explicitly mentioned in the laws, it does not mean that it is not part of the conditions and principles of civil proceedings. And there are several positive evidences to discover its lack in the judicial procedure, and the guarantee of several performances is also provided in the legal texts as well as in the judicial procedure for this matter.

Keywords

Financial Inability

Good faith؛ malice؛ abuse of rights؛ fictitious litigation

؛ execution of court costs