Volume 28, Issue 101 (spring 2023)
__Judicial Law Views __2012__, 28(__59__): __22450 |
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olyaeei G. The Ideal Pattern for Increasing Demand in Iranian Law. دیدگاههای حقوقی 2023; 28 (101) :27-50
URL: http://jlviews2.ujsas.ac.ir/article-1-2250-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-2250-en.html
Abstract: (1410 Views)
In the Code of Civil Procedure, rights are considered for the petitioner, which will be possible to be raised until the end of the first hearing. These rights are generally interpreted as additional lawsuits. In the Code of Civil Procedure, only one article has been dedicated to this issue and it has only mentioned examples such as reducing the demand, increasing the demand, changing the way of litigation, changing the demand and changing the request, and it has not explicitly stated how to implement each one. The increase in the demand will appear only in the form of adding to the amount of the demand in the original petition and without observing the usual court procedures, while the additional lawsuit along with the new petition will be raised by the petitioner and in fact, with this action, a new lawsuit will be established for the employment of the court. Certainly, these two different views can have a tangible effect on the jurisdiction of the investigating authority and the ability to complain about the issued decision. While looking at the existential philosophy of these two concepts with some new legal conclusions, by proposing "removing the term of increasing demand and establishing an independent single article" in the current judicial system, this article tries to take a small step in explaining and presenting a desirable pattern of increasing demand in the country's legal community.
Keywords: Increasing the Demand, Additional Lawsuit, Decreasing the Demand, Changing the Way of Litigation, Changing the Demand, Changing the Request.
Type of Study: Revision & Collection |
Subject:
Pivate Law
Received: 2022/09/20 | Revised: 2023/10/15 | Accepted: 2023/05/01 | Published: 2023/09/10 | ePublished: 2023/09/10
Received: 2022/09/20 | Revised: 2023/10/15 | Accepted: 2023/05/01 | Published: 2023/09/10 | ePublished: 2023/09/10
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