Document Type : Research/Original/Regular Article
Authors
1 Judge of Justice
2 Associate Professor, Department of Private Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
3 Retired Assistant Professor, Department of Private Law, Faculty of Law, University of Tehran (Farabi Campus), Tehran, Iran
Abstract
Abstract
The principle of immutability of the elements of litigation prevents unregulated seizures of the elements of litigation. Any change in the claim is subject to the conditions set forth in Article 98 of the Code of Civil Procedure. These considerations are in line with the principle of compliance and protection of the defendant's rights against any surprises, The subject of the lawsuit and the transferee is the beneficiary in the lawsuit and has caused the creation of a new document resulting from this transfer and apparently has challenged the petition. The protection of the law is primarily the duty of the law and then the court, and the silence, ambiguity or conciseness of the law should not be used as a pretext by a party who has found himself convicted and intends to exclude the case from the hearing and hear the case. Sterilize the case. This research with a descriptive analytical method leads to the conclusion that by paying attention to these two changes in the elements of litigation, the gap can be filled and the judge can be given the ability to pay attention to the legal action. , At the same time as inviting the transferee to the trial, make a change in the request It is also considered as one of the effects of transferring the lawsuit and in parallel with considering the request stated in the petition, forcibly decides in the voting session on the new request and also on the document belonging to the deputy, either negatively or positively, because The authority extends its contents to the proceedings, including the recent document created during the hearing of the case, which, following the summoning of the deputy to the proceedings, a decision is also made regarding this document.
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