Private Law Research

A Comparative Study on New Claim in the Appeal Process in Iranian and French Laws

Document Type : Research Paper

Authors

syed hosein vaseghi 1
ghavam karimi 1
Mohamad Bagher Ameri nia 2

1 Department of Law-yasooj Branch- Islamic Azad University-Yasooj- Iran

2 Department of Law,yasooj Branch, Islamic Azad University,Yasooj, Iran

https://doi.org/10.22054/jplr.2022.59898.2550
Abstract
The principle of prohibition of submitting a new claim in the appeal process is one of the governing principles in the court of appeals that is stipulated in Article 362 of the Code of Civil Procedure. Given the opposition between Articles 98 and 362 of the Code of Civil Procedure, it is essential to effectively investigate the matter. In view of the French Code of Civil Procedure, the mentioned principle is compared in the Iranian and French legal systems. A comparative study of the two legal systems indicates that Article 564 of the French Code of Civil Procedure and the two subsequent Articles, after mentioning the said principle, specify the exceptions by pointing out the criterion. The criteria mentioned in similar instances can be generalized to reach a united criterion to be applied. After mentioning the said principle as an instance, Article 362 of the Iranian Code of Civil Procedure states the exception and asserts that the said instances cannot be taken as criteria and the instances under Article 362 of the Iranian Code of Civil Procedure should be viewed exclusively, judicial procedure has not reached the unity of procedure and the deficiency shall be amended through enacting appropriate regulations

Keywords

New Claim
Change of Claim
Ancillary Claim
Appeal Hearing
Additional Claim
 
Beignier Bernard, Les droits foudamentaux dans Le Procés civil, 2e édition, (Montchrestien, 1997).
Couches Gerard, Procedure  Civile, (Paris: Sirey, 2012).
Cornu Gerard et Foyer Jean, Procedure civile, (P. u. f. 3e édition. 1996).
Lefort christophe, Procedure civile, (Paris: Dolloz, 2011).
Vincent Jean et Guinchard serge, Procedure civile, 22e e’dition, (Paris: Dalloz, 1991).
Vincent Jean, Procedure civile, 18e e’dition, (Paris: Dalloz, 1976).
Hormozi, Khairale "Changing the elements of a lawsuit: a comment on Article 98 of the Civil Procedure Law", Private Law Research, No. 3, (2012) (in Persian).
Kashani, Javad; Jafari, Zahra, "Investigating the transitional effect of appeals in civil lawsuits in Iranian and French law", Law and Policy Research, No. 33 (2010) (in Persian).
Koche, Gerard and Langold, John and Lebo, Daniel, French civil procedure, translated      by Dr. Seyyed Ahmad Ali Hashemi, first edition (Tehran: Dadgostar Press
, 2011) (in Persian)
Sardouinasab, Mohammad; Mousavi Seyed Amirhassam, "Transitional effect of research on civil votes", Private Law Journal of Tehran University, No. 2, Volume 12 (2014). (in Persian)
Shariati, Saeed; Qafi, Hossein, Principles of applied jurisprudence, 3rd volume, 2nd edition (Tehran: Hozha and University Research Press, 2014) (in Persian).
Shams, Abdullah, Civil Procedure Code, second volume, ninth edition (Tehran: Dark Publications, 2014) (in Persian).
Matin Daftari, Ahmed, Code of Civil and Commercial Procedure, Volume II (Tehran: Majd Scientific and Cultural Association Publications, 1378) (in Persian).
Mateen Dafari, Ahmad, Collection of legal case law, first edition (Tehran: Reham Publications, 2011) (in Persian).
Mateen, Ahmad, Juridical Procedure of the Legal Part (Tehran: Hashemi Publishing House, 2019) (in Persian).
Madani Seyyed Jalaluddin, Civil Procedure Code, Volume II (Tehran: Padayar Publications, 2000) (in Persian).
Moin Mohammad, Farhang Farsi, Volume 1, 4th edition (Tehran: Amirkabir Publications, 1981) (in Persian).
Mohajeri, Ali, Expanded Civil Procedure Code, third volume, fifth edition (Tehran: Fekrsazan Publishing, 2016) (in Persian).
Mohseni, Hassan, French Civil Procedure Code, 2nd edition (Tehran: Publishing Sahami company., 2011) (in Persian).
Vahedi, Qadrat Elah, Code of Civil Procedure, second volume, second edition (Tehran:
Mizan Publications, 1999) (in Persian).
Vice-Chancellor of Judiciary Education, Iranian Jurisprudence in relation to the Provincial Court of Appeals (Law), three volumes, second edition, (Tehran: Jangal Publications, 2008) (in Persian).
Yousefian, Mullah Ezzatullah; Goldouzian, Iraj, "Jurisprudential examination of the right of appeal", Islamic Azad University Islamic Jurisprudence and Law Research, No. 17 (2008) (in Persian).
Private Law Research
Volume 10, Issue 38
Winter 2022
Pages 45-67

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