Mahdi Hasanzadeh
Abstract
The Code of Civil Procedure In Article 120 has announced: the plaintiff is liable for damages to the litigant as a result of garnishment in the event of a final judgment against him, and in Article 323, the liability of the applicant for an interim injunction is determined if the plaintiff fails to file ...
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The Code of Civil Procedure In Article 120 has announced: the plaintiff is liable for damages to the litigant as a result of garnishment in the event of a final judgment against him, and in Article 323, the liability of the applicant for an interim injunction is determined if the plaintiff fails to file a lawsuit within the legal deadline or the plaintiff's claim be rejected. But the plaintiff's liability in other cases of cancellation of the garnishment or order needs to be reviewed and analyzed. Examination of the subject shows that, in addition to the issuance of a verdict against the plaintiff, in cases of issuance of a final lawsuit and failure to file a lawsuit within the deadline and termination of the garnishment appointment due to protest, fault and liability of the plaintiff is proven. However, in cases of cancellation of the garnishment or order due to rising up the cause of it, withdrawal of the applicant and removing the effect of the order by entrusting security, responsibility of the plaintiff depends on the outcome of the lawsuit.
Mahdi Hasanzadeh; Ahad Shahi Daman Jani; HASSAN alipour
Abstract
Generally, in Iranian law, the condition over third party act includes condition of act to third party in a strict meaning and commitment to third party act. In the case of the condition over third party act, the parties are binding on third party (the last Section of Art. 234 of the Civil Code); whereas ...
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Generally, in Iranian law, the condition over third party act includes condition of act to third party in a strict meaning and commitment to third party act. In the case of the condition over third party act, the parties are binding on third party (the last Section of Art. 234 of the Civil Code); whereas in the commitment to third party act, someone undertaking in regard to third party will accept obligation against the other party. Specifically, the condition over third party act conflicts with the majority of contractual principles and legal provisions. What is legal justification for and basis of the above-mentioned condition? This article deals with the following issues: The nature, legal status and criterion of validity of the condition over third party act, its differences and its link with the commitment to third party act. It also examines how the legal relationship between the parties and with third party will be in the event of rejection and acceptance of the condition by third party.
