Document Type : Original Article
Authors
1
Ph.D Student in Private Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran
2
Associate Professor of Department of International Trade Law and Intellectual Property Law and Cyberspace, Faculty of Law, Shahid Beheshti University, Tehran, Iran.
Abstract
In the Iranian legal system, when the discussion of dealing with frivolous claims is brought up, the security for costs of the defendant (the subject of Article 109 of the Civil Procedure Code) comes to mind. This situation has now created this question in the mind of the authors: Can we imagine dealing with frivolous claims only after enacting the aforementioned code or does this matter have a long history? If the latter is correct, what efforts have been done by the legislator to deal with frivolous claims? Furthermore, since the concept of frivolous is not only related to claims but also includes defenses, what efforts has the Iranian legislator done to deal with frivolous defenses? Answering these questions, along with the study of American Federal Rules of Civil Procedure, is the main mission of this article. In this article, with the analytical-descriptive method, it is concluded that in American law, dealing with frivolous claims and defenses that started in 1938, after many reforms, today leads to a coherent rule. On the other hand, although coherence of Federal Rules of Civil Procedure is not observed in Iranian law, some efforts have been made to deal with frivolous claims at the criminal, professional, disciplinary, and civil levels. Regarding frivolous defenses, although it seems that the legislator never considered frivolous defense as one of the common challenges of the judicial proceedings, it is possible to deal with frivolous defenses by current statutes to some extent.
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