Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Relation of the principle of judicial neutrality with some principles of civil procedure in French law

Document Type : Research Article

Author
Marzieh Bakhtiari
Master of Private Law, Faculty of Law, Islamic Azad University, Karaj Branch. (Corresponding Author)
Abstract
The administration of justice is the ultimate goal of any trial, and a fair trial is one of the most important indicators for measuring the social and judicial development of any society. The principle of impartiality of the judge is one of the important principles of the trial, especially civil proceedings. The principle of the impartiality of the judge means that, firstly, the judges must perform their duties without any political, legal, religious or other bias, and secondly, the judicial process must be reasoned, documented and within the framework of the applicable laws. This principle has philosophical principles such as guaranteeing and securing the natural rights of individuals and guaranteeing the sovereignty of their will; And socially guarantees the credibility of justice and order and security in society. The criterion for evaluating the principle of impartiality of the judge is the subjective-objective criterion. This principle interacts with other principles of procedure such as the principle of independence and proportionality, etc. in order to achieve a fair trial. The rules related to the formation of courts in French law, including the rules related to the principle of independence, the principle of neutrality, the principle of correspondence, etc., are such that if they are strictly observed, the principle of impartiality of the judge will be observed. In the following article, we examine the relationship between the principle of impartiality of a judge and some principles of civil procedure in the French legal system.
Keywords
Principles of procedure
principle of impartiality of judge
principle of correspondence
principle of independence
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  • Receive Date 08 February 2021
  • Revise Date 18 February 2021
  • Accept Date 06 March 2021