Document Type : Scientific Research

Authors

• gholamreza Olyaeei ¹
• Soheil Taheri ²
• Hassan Fadaei ³

¹ Ph.D. Student in Law, Islamic Azad University, Ayatollah Amoli Branch, Amol, Iran

² Assistant Professor of Law, Islamic Azad University, Quds Branch, Tehran, Iran

³ Lecturer at Islamic Azad University, Tehran West Branch, Tehran, Iran

Abstract

Additional lawsuits are not well known in the Iranian civil procedure legal system, and there has been little discussion of this in legal articles and books. According to the legislature in Article 17 of the Code of Civil Procedure, additional lawsuits one of the types of ancillary claim and it is clear to those who know that the design and defense of such claim requires compliance with the procedures set forth in the law mentioned above. Unlike other ancillary claims (counterclaim, impleader and third party intervention), the rules of civil proceedings do not examine its effects and rulings in detail and independently. The question posed in this article is how to properly plan an additional lawsuit in Iranian civil procedure that would logically have a close relationship with the origin of the main lawsuit. The achievement of this article is the submission of an application as a more logical alternative to the petition and the presentation of some new conclusions in accordance with the law and inspired by judicial procedure. By examining the concept, necessity, conditions and rulings of these disputes and analyzing them, the authors have tried to take a small step by shedding light on obscure points.

Keywords

• Keywords: Ancillary Action
• Additional Lawsuit
• Counterclaim
• Third Party Intervention
• Impleader and Trial Proceedings