Third-party litigation in two legal systems of Iran and France

Document Type : Original Article

Authors

1 PhD in Private Law, Faculty of Judicial Law, University of Judicial Sciences and Administrative Services, Tehran, Iran

2 Professor, Department of Private Law, Faculty of Judicial Law, University of Judicial Sciences and Administrative Services, Tehran, Iran.

Abstract

The deadline for a third-party litigation in Iran is until the end of the first hearing, while in France until the end of the investigation .Third-party involvement in the appeal stage is one of the exceptions to the principle of prohibition of interference by persons other than the parties to the case. In two legal systems of Iran and France, these two Fights are acceptable in the appeal stage. A comparative study of the two entities in the two legal systems shows that in most rules they are similar and there are slight differences between them. The condition of acceptance of a lawsuit in France is the transformation of the lawsuit. The transformation of litigation occurs when new facts of truth are discovered. The jurisdiction of a judge to obtain a third party under certain conditions in French law is another difference with Iran. Third-party Claims in French law are admissible upon termination, while in Iran this is not possible. Some of the rules of third party intervention in the appeal stage are not mentioned in the law and must be determined by law.ation of the lawsuit. The transformation of litigation occurs when new facts of truth or discovered. The jurisdiction of a judge to obtain a third party under certain conditions in French law is another difference with Iran. Third-party Claims in French law are admissible upon termination, while in Iran this is not possible. Some of the rules of third party intervention in the appeal stage are not mentioned in the law and must be determined by law.

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References

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Journal of Comparative Law
Volume 6, Issue 2 - Serial Number 10
October 2022
Pages 121-141

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History

  • Receive Date: 26 April 2021
  • Revise Date: 18 July 2021
  • Accept Date: 26 September 2021

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