The rule prohibiting the filing of a new lawsuit in the appeal stage in Iranian and French law

Yousefi Gorgi, Younes; Ghorbanvand, Mohammad Bagher; Alborzi Verki, Masoud; Navariyan, Alireza

doi:10.22034/thdad.2021.494671.1463

The rule prohibiting the filing of a new lawsuit in the appeal stage in Iranian and French law

Document Type : Original Article

Authors

Younes Yousefi gorgi ¹

Mohammad bagher Ghorbanvand ²

Masoud Alborzi verki ³

Alireza Navariyan ³

¹ PhD Student in Private Law, Faculty of Humanities and Social Sciences, Zanjan Branch, Islamic Azad University, Zanjan, Iran.

² Assistant Professor, Department of Private Law, Faculty of Humanities and Social Sciences, Zanjan Branch, Islamic Azad University, Zanjan, Iran

³ Assistant Professor, Department of Private Law, Faculty of Humanities and Social Sciences, Zanjan Branch, Islamic Azad University, Zanjan, Iran.

10.22034/thdad.2021.494671.1463

Abstract

The appellate court shall hear a case which has been heard by the court of first instance and, in the nature of the case, has been voted on and appealed to. The appeal stage is the time when the higher court is asked to reconsider the lawsuit filed in the initial stage, as a result of which the application of the first court is somewhat revised. Accordingly, because Articles 7 and 357 of the Procedure general and revolutionary courts cod in civil matters require the involvement of third parties who are not present at the initial stage and must be prohibited in principle, this principle is sometimes accompanied by exceptions. These include third-party entry, impleader, attachment of relief and temporary order. The time to file a counter-claim in the first instance is until the end of the first hearing. Exceptionally, if a third-party entry lawsuit and impleader is filed at the appellate stage, or the new claim is legally heard, the defendant can be sued in the counter-claim. Article 362 of the Code of Civil Procedure of Iran and Articles 563 and 566 of the Code of Civil Procedure of France, ignoring the principle of two-stage proceedings, have prescribed some examples of new claims in the appeal stage.

Keywords

: New lawsuit

Change in the cause of the lawsuit

Ancillary action

Impleader

Third-party entry