The deputy in litigation with a look at the courts rulings

Document Type : Technical-Scientific

Authors

1 Judicial Intern and Master of Private Law Student, University of Judicial Sciences and Administrative Services, Tehran, Iran

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

Abstract

The difference between the concept of deputy and other legal terms in the new Code of Civil Procedure has not been carefully considered and has influenced the rulings of the courts; For example, the plaintiff may transfer the property of the litigant voluntarily to another during the hearing and the buyer may go to court to continue the litigation, but the judge will not give him a position and will order not to be heard or the lawsuit to be dismissed. In Article 105, the legislator has clarified situation of death and incapacity, but is silent about the buyer deputy. This ambiguity and legal silence has created controversy, and some believe that the transferee must file a separate petition and pay court fees to continue the lawsuit, so that we will see increasing the number of cases and invalidation of previous hearings. This article seeks to highlight some of the challenges associated with deputy in litigation and how to use legal capacity to resolve them and has been used analytical-prescriptive method and interpretive method in response to this problem. The court in this case should not reject the lawsuit; because according to Article 2 of the Code of Civil Procedure, the transferee is genuine and when he has an official document, the transfer of property subject to litigation is not a claim and does not require separate hearing and the judge must arrange for his replacement and deputy.

Keywords

Judgment
Volume 21, Issue 106
September 2021
Pages 61-83

Files

History

  • Receive Date: 15 July 2021
  • Revise Date: 29 July 2021
  • Accept Date: 21 August 2021

Share

How to cite

Statistics