Examining the Principle of Speed in Urgent Litigation in Light of a Critical Analytical Review of Article 313 of the Civil Procedure Code and Its Practical Challenges
Subject Areas : مدیریت قضایی و دادگستریErfan Mousazadeh 1 , Nima Norouzi 2
1 - Master of judicial Sciences, University of judicial Sciences and Administrative Services, Tehran, Iran
2 - Department of Jurisprudence and Private Law, Faculty of Sciences and Knowledge, Al-Mustafa International University, Qom Seminary, Qom, Iran
Keywords: urgent litigation, provisional and temporary measures, principle of speed, principle of correspondence, legal request, judicial minutes,
Abstract :
Article 313 of the 1979 Civil Procedure Code is one of the key provisions in the realm of provisional orders. It allows requests to be submitted either in writing or orally, introducing flexibility into Iran’s judicial system. The primary philosophy behind this article is to provide immediate protection of individuals' rights in situations where delays in litigation could result in the loss of rights or irreparable damage. According to this provision, an oral request is only valid if it is documented in the court’s minutes and signed by the petitioner, which grants it official status and legal validity. This article, through a descriptive-analytical approach, reviews and analyzes the text of Article 313, comparing written and oral requests, and highlights the advantages and limitations of each. Furthermore, using judicial sessions and practical court procedures, it critiques challenges such as the disagreement over the necessity of filing a petition, the ambiguous boundary between securing a claim and provisional orders, and the potential misuse of oral requests. The findings suggest that while Article 313 is an effective tool for achieving prompt justice, its implementation without clear guidelines could lead to inconsistent rulings. The study concludes with the recommendation to develop executive guidelines, explicitly distinguish similar institutions, and design standardized forms to enhance the effectiveness and consistency of the judicial process while preserving the supportive philosophy of provisional orders.
