Peace Within Iran's Laws, a Comparative Analysis with Other Ways of Dispute Resolution

Document Type : Original Article

Authors
1 Assistant Professor, Department of Private Law, Tarbiat Modares University, Tehran, Iran
2 PhD student in Private Law, Tarbiat Modares University, Tehran, Iran (Corresponding Author)
10.22034/lc.2025.511361.1608
Abstract
Peace, as one of the most important legal institutions in various legal systems, is an efficient tool for resolving disputes without the need for judicial proceedings. In Iranian law, peace is recognized as one of the specific contracts and is effective in private law, criminal law and public litigation as well. This research, with a comparative approach, examines the position of peace in Iranian law and compares it with other methods of dispute resolution, including arbitration, mediation and conciliation. The study shows that peace in the Iranian legal system has high flexibility and, in addition to reducing litigation costs, strengthens the culture of agreement and reduces litigation. However, there are limitations such as a narrow interpretation of peace contracts and the lack of development of peace institutions in some lawsuits. This research seeks to answer the question of what is the position and function of the peace institution in Iranian law and what are its differences and similarities with other methods of dispute resolution such as arbitration and mediation? In response, it should be said that peace in Iranian law is rooted in jurisprudential foundations and legal principles and is recognized as one of the specific contracts in the Iranian civil system. This legal institution has high flexibility and. However, narrow interpretations of peace contracts and some legal restrictions prevent its widespread and efficient use. The results of this research show that utilizing the experiences of comparative legal systems and strengthening the role of alternative institutions can enhance the efficiency of the peace institution in the Iranian legal system. It is suggested that legal reforms be carried out to develop the capacities of peace and strengthen its position in the judicial system so that it can be used as an effective tool for resolving disputes in various fields.
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