The special and exceptional situation of Tari lawsuits in the appeal stage with a look at French law
Subject Areas : International Legal Research
abas
puryani
1
(Department of Law, Gorgan Branch, Islamic Azad University, Gorgan, Iran.)
abolfazl
dankob
2
(PhD in Private Law, Department of Law, Golestan University, Golestan, Iran)
reza
zarei samangan
3
(Faculty member of the Department of Education, Golestan University of Medical Sciences)
Keywords: Iran, France, appeal, Tari claims, new claim, third party entry, third party arrest,
Abstract :
A ancillary action one that occurs during the hearing of a lawsuit (the main lawsuit) and is one of the most important lawsuits in the judiciary; Because it has its own unique legal effects. Preliminary lawsuits have an exceptional and special status because according to the rule of prohibition of accepting new claims and lawsuits in the appeal stage, prohibition of interference by persons other than the parties, prohibition of litigation that was not considered in the first instance and non-acceptance of new lawsuits by the court Appeals, either by the parties or by a third party, no new claims can be filed at the appeal stage; In Iranian law; In some special situations, the legislator has initially provided for the filing of such lawsuits at this stage, among which situations such as; Violation of the authenticity of the documents expressed by the litigants, the possibility of filing a counter-suit and bringing a third party, a new direction or cause at this stage, new reasons and allegations of forgery at this stage and new claims and defense at this stage and exceptions such as third party and Named a third party in the appeal phase. In French law, the French legislature has made it possible to make a new claim in some cases, such as claims of the other party, issues arising from the entry of a third party or matters that later occurred or were discovered. In this descriptive-analytical study, an attempt has been made to examine the.....
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