Paper Information

Journal:   THE JUDICIARY’S LAW JOURNAL   SPRING 2012 , Volume 76 , Number 77; Page(s) 69 To 98.
 
Paper: 

RELATED ACTIONS AND INSUFFICIENCY OF RELATED RULES

 
Author(s):  MOHSENI HASSAN*
 
* 
 
Abstract: 

An action that one of the litigants proceeds against another litigant during a proceeding is related action. If this action has perfect relation by that action which is in course of proceeding, proper administration of justice and preventing to issuing paradoxical judgments requires to ruling all of them in one proceeding as one case. In these two cases: "annulling the title of defendant in half of portion" and "demanding remuneration for total portion" we can see that Iranian procedural laws cannot suggest any reliable solution for solving the paradox between their final judgments. Therefore, how we can collect these actions at pleading stage, in during the proceeding and in using the way of attack against judgments (reviewing stage) and even if in execution of judgments and finding a solution in Civil Enforcement Law is the main subject of this article.

 
Keyword(s): RELATED ACTIONS, PERFECT RELATION, COURT WITH THE SAME DEGREE, EXCEPTIONS, RELATED CASE, WAY OF ATTACK AGAINST JUDGMENTS
 
References: 
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