Private Law Research

Ancillary Claims in Civil Procedure

Document Type : Research Paper

Author

Badie Fathi

Associate Professor, Private and Economic Law, Faculty of Law and Political Science, Allameh Tabataba'i University, Tehran, Iran

https://doi.org/10.22054/jplr.2026.91946.2999
Abstract
Introduction

In the civil litigation process, filing a principal claim is frequently accompanied by a series of ancillary financial and non-financial demands and consequences, recognized in legal literature as “ancillary claims.” These ancillary components—prominent examples of which include litigation costs, attorney’s fees, judgment execution expenses, and damages for late payment—appear ostensibly secondary and dependent on the principal action; however, in practice, they constitute a substantial portion of judicial disputes and the concerns of the litigants. Despite the fundamental importance of this subject, Iranian procedural laws, particularly the Civil Procedure Code, lack an integrated systematization and a comprehensive, exclusive definition of the concept, scope, and rules governing ancillary claims. The divergence of opinions in judicial practice, the silence or ambiguity of the legislator in provisions such as Articles 331, 362, 369, 519, and 522 of the Iranian Civil Procedure Code of 2000, as well as the ambiguity in the precise distinction between the principal claim and ancillary demands, have generated numerous interpretative challenges within the courts. Therefore, elucidating the legal nature of this institution and examining the application of procedural rules to it is an undeniable necessity.
2. Objective
The primary objective of this research is to accurately and systematically delineate the conceptual boundaries of “ancillary claims” within civil procedure. This study seeks to identify and categorize various types of ancillary claims, enumerate their prominent instances, and determine the legal regime governing these ancillary demands. Furthermore, resolving existing legal ambiguities, addressing the practical challenges faced by judges, and establishing a uniform practice regarding issues such as the jurisdiction of courts, appealability, and the possibility of pursuing ancillary claims independently are among the other key objectives of this research.
3. Methodology
This research employs a descriptive-analytical method, relying on library and documentary studies. In this regard, while inductively examining the articles of the Civil Procedure Code and analyzing the theoretical foundations of legal doctrine, the judicial practice of Iranian courts has been examined.
4. Discussion and Results
The research findings indicate that ancillary claims can be divided into two major categories based on their degree of dependence on the principal claim: First, “non-independent” or strictly dependent ancillary claims, such as litigation costs, attorney’s fees, and execution expenses, whose existence and relevance hinge upon the existence and proof of the principal claim. Second, ancillary claims possessing “relative independence,” the most conspicuous example being damages for late payment; this category of ancillary claims, although rooted in a principal obligation, may be brought independently under specific circumstances.
From the perspective of jurisdictional rules, the present study emphasizes the principle that “the accessory follows the principal” (accessorium sequitur principale). Accordingly, a court that possesses jurisdiction to adjudicate the principal claim shall possess subject matter and territorial jurisdiction to hear its ancillary claims as well. This rule has been acknowledged in judicial practice (such as binding precedent decision No. 60 of the Supreme Court of Iran concerning the right to business and goodwill as an ancillary consequence of an eviction claim). Nevertheless, regarding the claim for damages for late payment of labor-related debts, disagreements existed concerning the jurisdiction of the relevant authorities, which ultimately culminated in the binding precedent decision No. 757 (dated 2017/04/18) of the General Assembly of the Supreme Court. According to this decision, while adjudicating the principal claim falls under the jurisdiction of the labor authorities, adjudicating claims for damages for late payment arising from those debts is deemed within the jurisdiction of the civil court—a decision that is open to criticism in terms of efficiency and desirability.
In terms of procedural rules, one of the most significant conclusions of the research is that ancillary claims constitute an exception to the “two-tier adjudication” principle. Unlike the principal claim, ancillary claims can be initially raised at the appellate stage; if the court of first instance has neglected to address them, the appellate court is authorized to independently and directly adjudicate them. Moreover, addressing challenges such as “ancillary claims upon ancillary claims” (which are generally rejected based on the rule against damages on damages, yet remain a subject of doctrinal dispute) and the possibility of granting interim relief and securing the subject matter of the claim for ancillary claims are among the other key discussions in this section. Additionally, concerning the litigation costs of ancillary claims, it was determined that if included in the principal petition, no separate stamp fee cancellation is required; however, filing an independent action for them requires the payment of a separate fee.
5. Innovation
The principal innovation of this article lies in compiling, refining, and systematizing the scattered rules governing ancillary claims within a coherent legal framework. The examination of novel usses such as “ancillary claims upon ancillary claims” and critically assessing the possibility of independently filing these actions, alongside utilizing a comparative approach with the French Code of Civil Procedure to justify the legal logic of court jurisdiction over ancillary costs, constitutes the added value that this research contributes to the literature on Iranian procedural law.
6. Conclusion
Ultimately, the research concludes that despite the lack of an explicit definition by the legislator, the concept and rules governing ancillary claims can be inferred from the structure and spirit of the Civil Procedure Code. Ancillary claims, notwithstanding their dependent nature, are subject to a specific legal regime regarding procedural rules (such as the possibility of raising them at the appellate stage, abatement of the action, settlement, and appealability) which, in some instances, fundamentally differs from that governing the principal claim. Acknowledging relative independence for certain instances of ancillary claims and recognizing exceptions to general procedural principles (such as the two-tier adjudication principle) demonstrate the legal system’s flexibility in ensuring justice and fully compensating the aggrieved party. Nonetheless, to prevent judicial inconsistency and guarantee legal certainty, it is imperative that the legislator, in future amendments to the Civil Procedure Code, provides a clear definition of ancillary claims and explicitly and definitively codifies the provisions related to jurisdiction over them and the possiblity of filing them independently.

Keywords

Civil Procedure
Claim/action
Principal Claim
Ancillary Claim
Accessory
Subjects
Books
-        Katouzian, Nasser, Res Judicata (Tehran: Dadgostar Publishing, 1997). [In Persian]
-         Katouzian, Nasser, Specific Contracts Course, Vol. 4, Fifth Edition (Tehran: Sherkat Sahami Enteshar, 2006). [In Persian]
-        Matin Daftari, Ahmad, Civil and Commercial Procedure, Sixth Edition, Second Reprint (Theran: Majd Publications, 2023). [In Persian]
-        Nahreini, Fereydoun, Ancillary Claims and Their Characteristics, In Festschrift in Honor of nejadali Almasi (Tehran: Sherkat Sahami Enteshar, 2012). [In Persian]
-        Sadrzadeh, Afshar, Civil and Commercial Procedure, Thirteenth Edition (Tehran: Allameh Tabataba’i University Jihad Publications, 2016). (Note: First Name Was not Provided in the Source Text). [In Persian]
-        Shams, Abdullah, Advanced Civil Procedure, Vol. 3, Thirty-Second Edition (Tehran: Derak Publications, 2019).  [In Persian]
-        Shams, Abdullah. Civil Procedure, Vol. 2, Forty-Fifth Edition (Tehran: Derak Publications, 2021).  [In Persian]
Articles
-        Fathi, Badie, “Alternative Claim in Civil Procedure of Iran, France, and the USA”, Comparative Law Research Quarterly, Vol. 29, Issue 4 (Continuous Issue 130), (2026), Doi: 10.48311/clr.2025.27950. [In Persian] 
Books
-        Al-Qayyumi al-Maqri, Ahmad bin Muhammad bin Ali, Al-Misbah Al-Munir Investigated by Yusuf Al-Sheikh Muhammad, Volume 1, Second Edition (Qom: Al-Matba’ah al-Asriyyah, 1997). [In Arabic]
-        Al-Turayhi al-Najafi, Fakhr al-Din, Majma’ Al-Bahrayn, Investigated by Al-Seyed Ahmad Al-Husseini, Vol. 3, Second Edition (Tehran: Islamic Culture Publishing Office, 1997). [In Arabic]
-        Kashif Al-ghita, Al-Sheikh Muhammad Husayn, Tahrir Al-majallah Vol. 1 (Tehran: Imam Sadiq Institution, No Date). [In Arabic]
Private Law Research
Volume 14, Issue 55
Summer 2026
Pages 1-34

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