Document Type : Research/Original/Regular Article
Authors
1 Assistant Professor ,Department of Private and Economic Law, Faculty of Law and Political Sciences, Allameh Tabatabai University
2 Associate professor at Law and political faculty. Allameh Tabataba’I University
Abstract
The indivisibility of claims in the civil procedure of Iran and France
Abstract
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.
Keywords
- Key words: indivisibility
- inseparability
- complete connection
- dependence of procedure
- unity of procedure
Main Subjects
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