Document Type : Research Paper

Author

• Khirollah Hormozi

Abstract

The aggregation and separation of claims, the disjoining an action into several actions and courts’ decision in each case are important topics. These issues are not mentioned explicitly in Iranian Civil Procedure Code (CPC), but they are considered in French law precisely. The CPC has referred to separation of claims; however, the aggregation of claims has not dealt with directly. There is no indication in the CPC as to judges’ decision in aggregation and separation of claims. In addition, there is no explicit regulation about disjoining an action into several actions and indissociably of the claim. The aim of this article is to discuss the issues of separation of claims, aggregation of claims and related judges’ decisions. Furthermore, it considers disjoining an action into several actions and pertinent cases. In doing so, by comparing Iranian law with French law, it deals with the possibility of commencing several claims through one petition, the aggregation of claims and the disjoining an action into several actions

Keywords

• disjoining an action
• aggregation of claims
• disjoinablity of action
• indisjoinablity of action
• separation of action