Document Type : Research Paper
Author
Nahavand Higher Education Complex- Bu-Ali Sina University- Hamedan- Iran
Abstract
The request for compensation for the damages caused by filing a fictitious lawsuit is an institution to deal with the filing of baseless and harmful lawsuits,. Regardless of the concept of a fictitious lawsuit and the conditions of citing it, in the present study, an attempt has been made to answer the question of how long it is possible to object to the fictitiousness of the lawsuit and request to obtain security for it, with a descriptive-analytical method? Basically, has the legislator considered a specific time for making the said claim, or is the request for provision absolute in terms of time? Although at the first look at the text of Article 109 of the Civil Procedure Law, but the substance of the article and the guarantee of the implementation of the provision in it show Not only is this institution bound by time, but it is also facing time constraints and should be cited in the first stages of the proceedings. The exceptionality of objection to fictitious litigation and attention to some practical problems strengthens this hypothesis that after passing through the phase of reviewing the petition and entering into the lawsuit and its nature,
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