Document Type : Research Paper
Author
professor of Private Law, Law Faculty, University of Qom
Abstract
In Article 298 of the Civil Procedure Code, the court is obliged upon the request of the plaintiff to issue a verdict in that part if the lawsuit is divisible and a part of it has been resolved. This is while this matter is also mentioned in Article 104 of that law, but there is no mention of the court's request. Regarding the situation where the court has left part of the lawsuit silent in the issued verdict, there is no provision in the law. This silence of the law has caused questions about the ruling in this situation and differences of opinion and Judicial decisions. The reality of this situation is in practice and as a result the same as what happens under Articles 104 and 298. The difference is that in one situation, the issuance of a verdict in a part of the lawsuit is done by the court's decision and announcement, and in the other situation, there is no such decision and announcement. The sameness and similarity of these two situations require that they be examined together and that the solution related to the first situation be used in the second situation as well.
Keywords
- Parsing of the dispute
- Separation of claims
- Divisible dispute
- Issuance of a judgment in part of the dispute
- Silence on part of a lawsuit
Main Subjects
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