The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

Proper Court in Claims Related to Issuing of Identity Certificate

Document Type : p

Authors
1 Judge, Private Law PhD Candidate, Payam Noor University, Researcher in Iranian Law and Legal Research Institute
2 Sabzevar, Hakim Sabzevari University, Department of law
Abstract
The individual identity of persons is one of the most important needs and requirements of collective life, and its absence can have harmful effects such as civil death. Iranian society is faced with a wide range of persons whose true and legal identity has not been established. Some of these persons are those who are of Iranian origin or are considered Iranian according to current laws but do not have an Identity Certificate, and this has accounted for a large volume of related claims in the judiciary. On the other hand, the diversity and multiplicity of laws governing the issue, which consider different judicial authorities, including the court of first instance or court of the Peace or administrative court, competent to handle, along with the complexity and legal requirements for determining certain issues as a prerequisite for handling the issue, have provided the basis for different judicial opinions and, as a result, confusion among litigants and waste of resources. The present study, using a descriptive-analytical method and library tools, examines the issue that, according to various laws, especially the Dispute Resolution Councils Law (2023), in lawsuits related to the issuance of birth certificates, when the handling of the issue requires the verification of issues that are within the jurisdiction of other authorities, what is the duty of that authority? The findings of the study, while examining the competent authorities based on existing regulations, indicate that the interpretation of regulations and the determination of the competent authority should be in order to observe the Principles of Procedure, facilitate it, and increase the efficiency of the judicial system
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Volume 31, Issue 114
Spring 2026
Pages 81-101

  • Receive Date 20 July 2025
  • Revise Date 24 November 2025
  • Accept Date 13 November 2025