The Study of Amiable Composition according to its Nature Compared to the Judgment and Arbitration

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Talabaki Toroghi Zeinab

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Journal Paper

Paper Information

Journal: Journal of Comparative Law Year:2022 | Volume:8 | Issue:2 (16) Page(s): 259-280

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Information Journal Paper

Title

The Study of Amiable Composition according to its Nature Compared to the Judgment and Arbitration

Author(s)

Talabaki Toroghi Zeinab | Issue Writer Certificate

Keywords

Amiable Composer

Amicable Composition

Flexible

Dispute Resolution

Dispute Resolution Council

Abstract

The Amiable composition is a system for resolving disputes and is recognized in international arbitration. In The French legal system, the judge can be entrusted with a mission of Amicable Composition by the parties. In ancient Iran, villagers argued with Kadkhoda, but as governments came to power, traditional methods of resolving disputes replaced government judicial systems, resulting in litigants trying to prove themselves right; Whereas in traditional methods of resolving disputes, such as an Amiable composition, the dispute was tried to be completely resolved in order to achieve eternal peace. Unfortunately, the Dispute Resolution councils could not reach a compromise In order to achieve an Amicable Composition, the rule of law must be abandoned He realized that guaranteeing legal rights was not the only way to resolve disputes. Contrary to the judgment, that seeks the winner and the loser, in an Amicable Composition one must look for a way that may not be legal but resolves the dispute. An Amicable Composition requires creativity, training and experience, so the best place to develop it is the courts. This article, based on French law, suggests a mission of Amicable Composition

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APA: Copy

Talabaki Toroghi, Zeinab. (2022). The Study of Amiable Composition according to its Nature Compared to the Judgment and Arbitration. COMPARATIVE LAW (NAMEH-YE MOFID), 8(2 (16) ), 259-280. SID. https://sid.ir/paper/961303/en

Vancouver: Copy

Talabaki Toroghi Zeinab. The Study of Amiable Composition according to its Nature Compared to the Judgment and Arbitration. COMPARATIVE LAW (NAMEH-YE MOFID)[Internet]. 2022;8(2 (16) ):259-280. Available from: https://sid.ir/paper/961303/en

IEEE: Copy

Zeinab Talabaki Toroghi, “The Study of Amiable Composition according to its Nature Compared to the Judgment and Arbitration,” COMPARATIVE LAW (NAMEH-YE MOFID), vol. 8, no. 2 (16) , pp. 259–280, 2022, [Online]. Available: https://sid.ir/paper/961303/en

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