Document Type : Research Paper
Author
Assistant professor at Law and political faculty. Allameh Tabatabai University. Tehran,Iran
Abstract
The Civil Procedure Code has very briefly mentioned the submission of a declaration in Article 156 and in the section on incidental and security matters, but has not said anything about its nature and effects. Although it has not considered the submission of a declaration to have any significant effect and has considered its submission to be an almost arbitrary matter, in the proceedings every action must have specific and determined effects. The former Civil Procedure Code had mentioned the submission of a declaration in Articles 709 and 710 in Chapter 10, which was entitled Damages and Compulsion to Perform an Obligation. It seems that the title of Chapter 10 of the former Civil Procedure Code was adapted from the title of Chapter 5 of the French Civil Code before the recent amendments, Damages and Benefits Resulting from Non-Performance of an Obligation. in French Civil Code considered the claim of a claim and an obligation as a condition for claiming damages . Therefore studying the nature and effects of the declaration requires studying the claim and obligation in French law. For this reason declaration in Iranian law and the claim of obligation in French law will be compared.
Keywords
- Security measure
- demand for commitment
- declaration
- effects of declaration
- relationship of declaration to lawsuit
Main Subjects
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