The Effect of the Link of Civil Cases to Extension of Justiciablity of Judgments In Iran and France: Emphasizing on Case-Law

• Main Authors: Mehdi Hasanzadeh, Badi`e Fathi
• Format: Article
• Language: fas
• Published: Allameh Tabataba'i University Press 2019-01-01
• Series: Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī
• Subjects: full connection non-ividability of cases complaint of rulings sufficient connection
• Online Access: http://jplr.atu.ac.ir/article_9478_ca55cacd22738958b85a710dc75605a6.pdf

The link of disputes causes procedural dependence and connection between them. The dependence is sometimes so serious that requires to deal with the cases in all phases of proceedings as a whole. Disintegration of the cases makes the most serious problems in term of conflict of rulings and implementation of conflicting rulings. Disregarding this issue will result in some crisis in proceedings and may create problems for judicial system especially where the remedies of judicial system are not effective for reduction of issuing conflicting rulings or- as the case may be- for cancelation of rulings. Accordingly, it is necessary to consider exactly if one of the concerned cases is justiciable and the other is non-justiciable, whether taking action against a justiciable one may be extended to the other one. In French law, article 39 of the Code of Civil Procedural gives positive answer regarding incidental cases and in the other cases resorted to non-dividablity. In Iranian law, the law is silent and it seems, in the case of "full connection", the cases are dividable in later phases of proceedings. In this regard, the legal obligation for simultaneous proceedings for concerned cases is also applicable to the later phases of proceedings. The complaint regarding one case, therefore, affects the other case, too.