اصل حاكميت اصحاب دعواي مدني

THE PRINCIPLE OF PARTY-DISPOSITION

The principle of party-disposition (or what is called "Le Principe Dispositifʹ in the French Law) is one of the Guiding Principles for Civil Trial. According to this Principle, the civil proceeding is regarded as the partiesʹs thing, so they can make any disposition on their proceeding, inter alia they are be able to commence and terminate it, determine the matters of fact and finally judge is bound to the partiesʹs motions. The effects and development of the Principle has greatly been considerable in so far as it has been presented as one of the common values of the worldʹs legal culture. For this reason, The Principles of Transnational Civil procedure - the common project of ALI & UNDROIT- has provided for this principle in itʹs tenth Principle.