Document Type : Research Paper
Author
Assistant Professor, University of Tehran, Tehran, Iran
Abstract
Interest is one of the conditions of bring an action in court. This condition is not limited to first instqnce but is also necessary in appeal. But the question that which party holds the right of appeal is not an easy one to answer. Para. a of Art. 335 Civil Procedure Act grants the appeal right to all parties of first instance. But the appealing of the winner party is not in accordance with the principles of law of civil procedure. In French Law, the Succombance Principle determines in which cases the parties could appeal the review of the judgment of first court. There are presumptions that specify the cases of appeal, condemnation in logic of the judgment and condemnation to compensation of costs of proceedings. But these presumptions are not inviolable. Consequently, it is necessary to study the application of succombance rule in deferent cases. In this regard, the application of succombance rule in respect of court judgment, parties and subject of the case would be studied in this Article. The research of French lawyers would be one of the sources of finding the solutions of cases of appeals in Iranian Law.
Keywords
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