Research and development in private law

Research and development in private law

Deficiency in the completeness of appellate parties

Articles in Press

Document Type : Original Article

Authors
seyed kamal Armion 1
hosein davoodi 2
hasan mohseni 3
1 Faculty of Law and Political Science, Kharazmi University
2 faculty of law and political science, Kharazmi University
3 Faculty of law and political science, Tehran University
10.22034/jpl.2026.2072074.1244
Abstract
IIn the current some courts procedure, the guarantee of not mentioning all the first litigants in the appeal petition is to reject the lawsuit, and it does not matter whether the first verdict is decomposable or not; It is necessary to distinguish between decomposable and indecomposable votes. The executive guarantee that the appeals court imposes on this defect of the petition in terms of the lack of all the convicts is not proportional to the defect of the petition, because the re-initiation of the lawsuit is closed in order to finalize the decision on the merits. Also, if the first lawsuit has two defendants, one of whom has been convicted and the other has been dismissed, that is, there is a plurality of defendants and not a plurality of defendants. have Because the protest must be made by the defendant against the defendant, the proceedings of the Supreme Court face difficulties. In the Supreme Courts No.831 Unification of Judgments Decision, the possibility of a third objection was foreseen for the party to the first lawsuit who was not included in the party's appeal, but such a provision does not completely remove the obstacles to the proceedings at the appeal stage. This article, in a descriptive-analytical way and with library sources, while showing the shortcomings of the legislation, has also provided solutions to fix it according to judicial opinions and comparative law. The important findings are that the Iranian legislature does not have a specific provision in the above cases, but opinions have been issued that show the necessity of filing a protest against all parties to the original lawsuit. Issuing a notice to correct the defect, attracting a third party and even the court's authority to attract interested parties, such as the civil procedure of France and some other countries such as the United States, England, and Australia, are considered to be a guarantee of more appropriate executions.
Keywords
Keywords: appeal petition
appeal litigants
indivisible lawsuit
right to sue
Subjects
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