Private Law
Badie fathi; Khayrollah Hormozi
Abstract
The indivisibility of claims in the civil procedure of Iran and FranceAbstract The indivisibility of claims is different from the indivisibility of one claim and the indivisibility of judgments. In the Civil Procedure Code of Iran the term indivisibility of claims (Articles 104, 298) and the indivisibility ...
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The indivisibility of claims in the civil procedure of Iran and FranceAbstract The indivisibility of claims is different from the indivisibility of one claim and the indivisibility of judgments. In the Civil Procedure Code of Iran the term indivisibility of claims (Articles 104, 298) and the indivisibility and inseparability of judgments (Articles 308, 359, 404, 425) have appeared, but the term indivisibility of claims has not come.inseparability of claims does not cause "dependency of procedure" but necessarily creates "unity of procedure" between two or more lawsuits. Therefore, indivisible claims are processed as an inseparable "whole".It seems that the definition mentioned about complete connection in Article 141 of the Civil Procedure Law of Iran is not only the definition of connection, but it is the definition of the highest level of indivisibility of claims.However, for the indivisibility of claims, complete connection is not the only criterion and it has other criteria as well. Indivisibility in the proceedings also creates the effects of the unity of the procedure. For example, when the indivisibility of claims is realized, the expansion of jurisdiction occurs, and also the events of proceedings in one cause an effect on the other, and a appeal against one decision causes a appeal against another decision.Key words: indivisibility, inseparability, complete connection, dependence of procedure, unity of procedure.
Private Law
Mahdi Hassanzadeh; Badie fathi
Abstract
The rules of jurisdiction are regulated based on primary and secondary provisions. In primary rules of jurisdiction, the general framework for determining competence criteria is presented but the application of these regulations alone cannot meet the purpose pursued by the rules of jurisdiction. Therefore, ...
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The rules of jurisdiction are regulated based on primary and secondary provisions. In primary rules of jurisdiction, the general framework for determining competence criteria is presented but the application of these regulations alone cannot meet the purpose pursued by the rules of jurisdiction. Therefore, by virtue of the application of these regulations, effective and appropriate competence will not be obtained; for this reason, secondary rules of jurisdiction play a critical role. Connectivity of claims is one of the secondary regulations of jurisdiction which will be affected by the relative jurisdiction and eventually lead to the development of the jurisdiction of the Supreme Court. In the French civil procedure, the relative jurisdiction of development is different from that of Iran. The focus of this research is that “What are the effects of connectivity of claims on relative jurisdiction in civil procedure of both Iran and France?”, “What are the exclusions of the primary jurisdiction rules”?
