Inclusion of the Rules of Vague Lawsuits Intended by Legislator in Appeal Stage

Based on one of the principles governing the civil procedure law, a claim can be raised in the appeal only to the extent that it was dealt with in the first stage, but this principle is sometimes distorted by the legislator's prescription. The well-known rule of "prohibition of new claims at the appeal stage" means that the judges of the appeal court cannot go beyond the issue of the trial and the verdict of the first step. Likewise, the rule of "prohibiting the involvement of persons other than the parties to the first lawsuit in the appeal stage" may sometimes be distorted depending on the interests and benefits of the involvement of third parties at a higher stage. The filing of some vague lawsuits, including the entry of a third party and the involvement of a third party in the appeal stage and the prescription of its preliminary hearing by the legislator, based on some factors, interests, philosophy, and goals that the legislator had in mind, caused exceptional deviation from the above rules. Some affairs, including the design of some proceedings as a result of the primary lawsuit raised in the appeal stage; such as the request for the satisfaction of the demand and the request for an urgent hearing from the court of appeals and the preliminary hearing of this court for the claim of foreclosure in the considered lawsuits, as well as the consolidation and mutual influence that the main and primary lawsuits have on each other in the joint proceedings and its results can justify legislator's prescription in the initial proceedings of the appeals court.

کلیدواژه ها:

Counterclaim ، third party claim ، additional claim ، vague claims ، main claim