نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
A defendant is generally defined as a person against whom the principal claim is brought. However, there are instances in which defendants are named against whom not only no principal claim exists, but also no connection exists between them and the action brought before the court. For instance, where A, who has a claim against B, A may also name C as a defendant in the lawsuit in order to take advantage of (or abuse) the privilege provided under Article 16 of the Civil Procedural Code of the General and Revolutionary Courts and bring the action before the court of C’s domicile. The question raised concern the criteria for identifying an improper defendant, the motives behind naming an improper defendant in the lawsuit, and the solutions for preventing such motives. The present paper by using a descriptive-analytical method, library resources, and extensive study of judicial proceedings, seeks to provide a suitable answer to these questions and concludes that the abuse of the regulations of local jurisdiction and time constraints, the prevention of formal dismissal of the lawsuit and third-party objections, as well as the acceleration of obtaining evidence are among the motives for including improper defendants. In order to combat the inclusion of improper defendants, the paper suggests strategies like issuing an order to dismiss the lawsuit, issuing an order to pay the defendant's costs, along with the correct interpretation of procedural laws and regulations.
کلیدواژهها English
