Document Type : Research Paper
Author
assistant professor, Faculty of Law and Political Science- University of Allameh Tabataba'i University,
Abstract
In civil procedure, alongside the primary claim concerning the main suit , other claims are raised under the title of Ancillary Claims (Motefarrea’at-e Da’va). The core subject of this research is the fundamental analysis of the concept of “Ancillary Claims,” their types, and their legal status and regime within the Iranian Civil Procedure Code (CPC), which, due to its conciseness and ambiguity, has been subject to numerous judicial interpretations.Adopting a descriptive-analytical approach and relying on Articles 331, 362, 369, 519, and 522 of the Iranian Civil Procedure Code of 2000 the author divides incidental claims into two fundamental categories: Non-Independent Claims which are subject to the nature of the primary claim and encompass Court Costs and Attorney’s Fees and Claims with Relative Independence the most significant example of the latter is Damages for Delayed Payment. Ancillary claims are, by principle, subject to the jurisdiction of the primary claim. However, there are varying opinions regarding damages for the delayed payment of debts arising from labor and also when such claims are filed independently. Ancillary claims are subordinate to the primary claim concerning Extinction of the Suit , Appeals and Compromise .
Keywords
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