نوع مقاله : پژوهشی
1 دانشیار گروه حقوق خصوصی و اسلامی، دانشکدۀ حقوق، دانشگاه شهیدبهشتی، تهران، ایران
2 دانشجوی دکتری حقوق خصوصی، دانشگاه آزاد اسلامی (واحد زنجان)، زنجان، ایران
عنوان مقاله [English]
Objection to the plaintiff's representative at the time of filing the petition is one of the objections that cause a dismissal order according to Articles 84 and 89 of Iranian Civil Procedure Act. This objection does not apply if the petition is filed by the principal, because the authority is a matter for the representative only. In addition, the effects of missing or losing a position during the trial are different from the absence of a position for the plaintiff's representative at the time of the lawsuit.
In this article, while dealing with the concept of representation and some of its examples in the judicial procedure, the issue of lack of position and its effects in the Iranian civil proceedings are examined. The main question is what the objection of not holding the authority means and if this objection is found in the proceedings, what decision should the court make about it? There are several possible reasons for the illegality of the person claiming representation; In any case, the court must prevent the intervention of the person without representative in the proceedings by asserting this during the trial.