An Analysis to of the Unity of Proceedings’ Principle in the Code of the Civil Procedure

Document Type : Scientific Research

Author

, Assistant Professor, University of Isfahan

Abstract

 
Abstract
This analytical research shows that in the Code of Civil Procedure Act there is a hidden principle entitled the singleness unity of proceedings’ principle. According to which this principle whole all the stages of the trial i.e. proceedings of first instance, objection to ex parte judgments, appeal in appeal courts and in supreme court, and even proceedings in retrial do in fact a single trial. Even when a judgment or warrant of lower stages is abrogateds in upper stages what principally happens later is in adherence with what has been done in previous stages and plays an improving role. As a result, principally what the way has been closed for it in the former stages would not be admissible in the upper stages and what the way is open for its admission in the upper stages, principally the way has as well been open for its admission in the lower stages. Some cases are out of this principle’s scope. Impossibility of presenting or collecting new documents or evidences, impossibility of adding thea claim or changing the claim’s or defensesthe manner of defense or changing the claim, impossibility of moving dilatory pleas by claimant or defendant, and impossibility of manipulating the appeal’s claim, are on one hand are of the reasons and on the other hand are of the consequences of this principle

Keywords

References

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Civil Law Knowledge
Volume 5, Issue 2 - Serial Number 2
February 2017
Pages 69-83

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