Authorities, Duties, and Liabilities of Judicial Agent in Civil Procedure and Jurisprudence

Ebrahim Shoarian, Farshad Rahimi
The Journal of Figh and Islamic Law, University of Tabriz, Volume 5, Issue 9, Winter and Spring 2014, Pages 69-122.


Judicial agency is one of the most significant and practical subjects of civil procedure. This on one hand stems from the multiplicity of governmental organizations and institutions and on the other hand their needs in bringing an action and defending their rights where it is required.  In fact, the governmental organizations and institutions prefer to vest defending and bringing of actions to their staff in terms of judicial agents.  By doing so, the latters are empowered to take all necessary legal steps in judicial procedures as well as administrative courts like office of employment dispute resolution, tax dispute resolution board and etc. Despite the fact that courts and administrative sources always encounter with different kinds of judicial agency there is no comprehensive rules to deal with the issues arises from such an important issues.  It has also not been examined by our legal academics in detail. As a result the present article is an attempt to scrutinize the status of judicial agency and its authorities, duties and liabilities.  In doing so, besides making use of general principles of law we will rely on jurisprudence as well.

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