Analytical, Legal and Ethical Look at Harassment Litigation

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Abstract:

Background: The coexistence of human beings requires the observance of moral etiquette, which is called civil ethics in ethics and leads to normative order. In order for civil ethics to have an executive guarantee, a set of laws was formed in the society under the title of civil procedure. One of the lawsuits in this regard is the harassment lawsuit. There are complex issues in the harassment lawsuit that the Code of Civil Procedure has not addressed well. In this article, while paying attention to the issue of civil ethics and the laws that protect it, the similarities and differences of harassment lawsuits from other similar concepts are considered and the manner of its implementation in the civil procedure system is explained. Conclusion: Civil ethics is a necessity of urban civilization and is very close to the concepts of social solidarity and social order. Of course, without regard to individual conscience, one cannot expect morality to be institutionalized in civil society, but in order to establish social order, there is a need for laws and regulations that provide an executive guarantee for civil morality. The civil procedure system may be a way to bring civil ethics under the protection of the law. In the meantime, the way civil procedure deals with harassment lawsuits can be considered as an example. In fact, this law, under the pretext of forbidding the exercise of personal rights and maintaining normative and public order, has taken the basis of the right of possession of persons and, as a result, has invaded the property of persons. In such circumstances, it is possible that the possessing owner was deprived of his possessive possession due to the lack of a record of possession. In this case, it became clear that the country's civil procedure needs to be fundamentally reformed to ensure normative order and protection of civil ethics.

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Journal title

volume 17  issue None

pages  32- 37

publication date 2023-02

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