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Paper Information

Journal:   THE JUDICIARY’S LAW JOURNAL   fall 2018 , Volume 82 , Number 103 ; Page(s) 75 To 98.

The Validity of Pactum de Quota Litis in Iranian Law with a Brief Comparison with French and Americain law

One of the most important questions concerning the remuneration of the advocates in a civil process is to know if the contribution in requisition or a claim by the attorney is prohibitedby Iranian law or not? It has one of the most involved problemes of several cases in the specialized disciplinary court of advocates in Iran. Although in Iranian law this matter is prohibited، in the American law this contributionis completely legal and not prohibited. In contrast، in French law there are some restrictions to this procedure. This article comes to explaine that this restriction is useless and can induce the attorneys to commit the fraud or shortchange. In addition، it is neither against the Islamic law and Iranian civil law، nor the professionals’ ethics regulations of the advocates. By this reason the Iranian law must be modified toward real and transparent dispositions that can authorize the conclusion of the contracts named in USA by Pactum de quota litis between the attorneys and their clients. This article tends also to analyze a concerned case law.
Keyword(s): Success Fees,Disciplinary Court,Attorneys Infractions,Contingent Fees,Contributin Contrat
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