A Comparative Study of the Effects of the Decline of the Main Case on Mutual Countermeasures in the Laws of Iran and France

Subject Areas : Political and International Researches Quarterly

Azad Rashid Azarpour ¹ , Akbar Bashiri ²

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Received: 2020-03-23 Accepted : 2020-03-23 Published : 2020-05-21

Keywords: the Main Dispute, Tariq Dispute, Trial Failure, Seizure of the Proceedings, Recovery of the Claim, Loss of Rights,

Abstract :

Azad Rashid Azarpour[1] Akbar Bashiri[2]   Abstract: The impact of the decline and the seizure of the main dispute over a cross-appeal is one of the issues discussed and the disagreement in the civil proc­edure. There may be a major dispute over the length of the trial due to sei­zure and detention, what is the point in this regard to what extent is the li­nk­ that has been created between the main and the reciprocal of the dispute? Therefore, in this research, we will examine the effect of the deconstruction and seizure of the proceedings in the main dispute as to the mutual dispute raised during the main pro­ce­ed­ings. Due to the fact that the seizure and the decay of the proceedings to protect the rights of the parties to the lawsuit and the observance of the rights of defense of the parties to the lawsuit are also part of the rules of procedure, the existence of this longing is necessary. The result is that the loss of the main claim may result in the recovery of the cl­aim, the extradition of the petition, the decline of the right, the reco­nciliation between the parties and the change of court. These cases have been explicitly mentioned by the legislator in French law. [1]- Master of International Trade Law, Maragheh Branch, Islamic Azad University, Maragheh, Iran [2]-Assistant Professor and Faculty Member, International Trade Law, Private Law and International Trade Group, Maragheh, Iran:Corresponding Author