Culmination of Law

Culmination of Law

Reduction of demand and return of petition and dispute in the process of complaining about civil verdicts

Document Type : Original Article

Author
Associate professor of Private Law, Law Faculty, University of Qom, Qom, Iran
10.22034/thdad.2024.555234.2196
Abstract
Article 98 of the Code of Civil Procedure allows for a reduction of the demand at all stages of the proceedings. The meaning of "all stages of the proceedings" in this article, as well as the status of the reduction of the petition for complaints, needs to be examined and analyzed. Pursuant to Articles 363 and 415 of the Code of Civil Procedure, the withdrawal of the appeal and the appeal in the Supreme Court is declared unimpeded. However, we do not have a provision in the law regarding the withdrawal of other complaints, as well as the status of the withdrawal of the initial lawsuit in the appeals process. Sharing the nature of the reduction of the claim and the withdrawal of the petition and litigation requires that they be subject to the harmonized rulings, but in law and views, these two institutions have been treated differently and reciprocally, in this way despite accepting the reduction of the initial claim in the complaint process from the verdicts, the withdrawal of the initial lawsuit in these stages has been faced with doubts and opposition, and on the contrary, despite the acceptance of the withdrawal of the appeal and the appeal in the Supreme Court, the reduction of the request of these lawsuits faces questions and ambiguities.
Keywords

Subjects