نوع مقاله : مقاله علمی پژوهشی
نویسنده
دادگستری
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Abstract
"The transfer of action "does not exist as a legal rule in the Iran statute law. The Rules of Procedure has no ruling on Voluntary Transfer, and this subject has led to different Interpretations: some courts do not accept voluntarily transfer of action, after transferring the amount sought, and because the plaintiff is not interested, they issue writ of dismiss the action. Others accept the transfer of the lawsuit and consider the transferee as a party to the lawsuit. Considering the Article 105 of the Code of Civil Procedure for Coercive Transfer and Article 84, Section 6 of the same Law and Note, and Article 42 of the Registered Law of 1310 and Section one of Article 26 of the Law on the Establishment of Public Courts and Revolution of 1993 and other scattered legal materials, the principle of vice-ruler, ruler such as: Benefit rule, The Authority of res judicata, Rule of subordination to principle ,Absolute legal power, doctrine of law and some court judgments specifically, the judgments of the supreme judicial authorities appears to have been accepted in the Iranian legal system.
کلیدواژهها [English]