Position of Electronic Notification in Iranian Law
Babak Khosravinia1, Mohammad Reza Hoshyar2, Faramarz Ahmadian Far3
Looking at Islamic jurisprudence, we can see that the effect of notification is more addressed than notification itself and from past Jurisprudences, which had addressed sentencing in absentia more that is the effect of notification itself, it can be concluded that they have passed through the same way of predecessors and have not provided any view regarding the notification itself.
Nowadays, with the proliferation of lawsuits in court and costs notification can have, including time waste and prolongation of procedure, it can be said that common tools such as using paper and messenger do not have the necessary efficiency and modern tools of technology should be used in order to facilitate this effort which one of this tools is using electronic notification. But the question which remains unanswered in this regard so far is that, electronic notification fits in which category of notifications: Actually or lawfully notification. Current procedure code is silent in this regard, and legal doctrine also has gone through both ways as some knows electronic notification as kind of legal notification and others as a kind of actual one. But considering the progress of modern society towards the use of electronic modern tools, it seems the latter view is preferred.