نوع مقاله : مقاله پژوهشی
1 مدرس دانشگاه
2 استادیار دانشگاه آزاد اسلامی واحد نجف آباداصفهان
عنوان مقاله [English]
In accordance with Article 38 of the Law on Amending and Extending the Transactions Regulations of Tehran Municipality to Metropolises; Disputes arising from transactions subject to this regulation in the Dispute Resolution Board with the membership of a judge of the judiciary elected by the head of the judiciary, a member of the Islamic Council elected by the relevant council, a municipal representative elected by the mayor, a district or governor representative and a legal representative The party to the contract is subject to review and the ruling issued by the trial judge is binding on the parties. In this study, while addressing the nature of the board subject to Article 38 and the type of transactions subject to this regulation, it was concluded that this board is an administrative reference and one of the quasi-judicial authorities and is not an arbitration body. Also, any transaction in the municipality that leads to the conclusion of a contract can be considered and considered in this board, and the decision of this board, as an administrative authority, can be challenged in the Court of Administrative Justice. The member judge Such quasi-judicial authorities should not issue a verdict and the verdict issued by these authorities should be based on the vote of the majority of members.