The effects of indivisibility of litigation in matter of the extradition with assumption of multiplicity of litigants, rules and jurisprudence fundamental
iraj jamshidi
1
(
Department of law, zanjan Branch, Islamic Azad University, Zanjan, Iran
)
masoud Alborzi varaki
2
(
Department of Law, Humanities Faculty, Imam Khomeini International University, Qazvin, Iran:
)
abdallah kiaee kiaee
3
(
Department of law, zanjan Branch, Islamic Azad University, Zanjan, Iran.
)
Keywords: multiplicity of litigants, , , , , indivisibility of litigation, , , , , extradition,
Abstract :
Abstract Assuming that there are multiplicity litigants in a litigation, our Procedure Code law does not explicitly provide a solution in cases where the actions of some litigants in divisible or indivisible litigation may have a negative or positive effect on the rights and interests of others. There is no definition or criterion for this type of litigation by the legislator, while its effects on the extradition of the litigation is different in the type of court decision and the rights of the litigants indivisible litigation is one of examples of litigation between various litigants with common rightsand interests. An indivisible litigation with assuming multiplicity of the debtor or defendant, causes that extradition cannot be heard by some of the defendants, and at the stage of filing a litigation, the litigation must be filed on behalf of all the defendants. Assuming the multiplicity of creditors or plaintiffs, the acceptance of extradition by some of them will not be effective, unless they act collectively. In indivisible litigation that has led to the issuance of a verdict, its effect extends to persons who were not present at the stage leading up to the verdict. In the present study, we will deal with the concept and examples of divisible and indivisible litigations and its legal effects on extradition.