Volume 15 - Legal Innovation
MLJ 2021, 15 - Legal Innovation: 499-511 |
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Neyshabouri M, Azimi Garkani H, Imam Jazayeri S M. A comparative study of additional litigation in Iranian and American law. MLJ 2021; 15 :499-511
URL: http://ijmedicallaw.ir/article-1-1474-en.html
URL: http://ijmedicallaw.ir/article-1-1474-en.html
1- Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Literature and Humanities, Central Tehran Branch, Islamic Azad University, Tehran, Iran
2- Department of Jurisprudence and Fundamentals of Islamic Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran
2- Department of Jurisprudence and Fundamentals of Islamic Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran
Abstract:
Background and Aim: An additional lawsuit is a lawsuit filed by the plaintiff against the defendant in the main lawsuit. In some cases, the plaintiff may claim another claim after the original claim. Therefore, the best solution is to increase the demand. The purpose of this study was to explain the status of additional litigation in the Civil Procedure Code of Iran and the United States and to state its terms and conditions.
Materials and Methods: For this research, descriptive-analytical method and comparative and library resources have been used.
Results: Based on the findings of the research on the subject of additional litigation, the plaintiff can make changes in his initial request; this authority is known as additional litigation in Iranian law. It should be noted that although additional litigation is one of the litigation lawsuits, it has been neglected and less considered among jurists. In the law of other countries, such as the United States, the fifteenth rule of the Federal Civil Procedure Code in the United States was devoted to amending and supplementing previous approaches.
Ethical considerations: The present study is based on ethical principles such as credible and scientific citation and avoidance of bias.
Conclusion: In American law, the law encourages the unification of claims; this is because it reduces the workload of the courts, facilitates adjudication, and prevents conflicting judgments in litigation. The rules of the US Federal Civil Procedure Code provide for different legal mechanisms to achieve these goals. In the US Federal Civil Procedure Code, Rules 13-14 and 15 govern the aggregation of claims, Rules 19-20-23 apply to the parties, Rules 24-23 apply to the plaintiffs, and Rule 42 governs the conciliation of claims. In Iranian domestic law, Article 98 of the Code of Civil Procedure (Article 117 of the former law), without raising the issue of additional litigation, paid attention to the petitioner,s to amend and change the original litigation.
Cite this article as: Neyshabouri M, Azimi Garkani H, Imam Jazayeri SM. A comparative study of additional litigation in Iranian and American law. Medical Law Journal 2021; Legal Innovation.
Materials and Methods: For this research, descriptive-analytical method and comparative and library resources have been used.
Results: Based on the findings of the research on the subject of additional litigation, the plaintiff can make changes in his initial request; this authority is known as additional litigation in Iranian law. It should be noted that although additional litigation is one of the litigation lawsuits, it has been neglected and less considered among jurists. In the law of other countries, such as the United States, the fifteenth rule of the Federal Civil Procedure Code in the United States was devoted to amending and supplementing previous approaches.
Ethical considerations: The present study is based on ethical principles such as credible and scientific citation and avoidance of bias.
Conclusion: In American law, the law encourages the unification of claims; this is because it reduces the workload of the courts, facilitates adjudication, and prevents conflicting judgments in litigation. The rules of the US Federal Civil Procedure Code provide for different legal mechanisms to achieve these goals. In the US Federal Civil Procedure Code, Rules 13-14 and 15 govern the aggregation of claims, Rules 19-20-23 apply to the parties, Rules 24-23 apply to the plaintiffs, and Rule 42 governs the conciliation of claims. In Iranian domestic law, Article 98 of the Code of Civil Procedure (Article 117 of the former law), without raising the issue of additional litigation, paid attention to the petitioner,s to amend and change the original litigation.
Cite this article as: Neyshabouri M, Azimi Garkani H, Imam Jazayeri SM. A comparative study of additional litigation in Iranian and American law. Medical Law Journal 2021; Legal Innovation.
Type of Study: Original Article |
Received: 2021/09/8 | Accepted: 2022/01/17
Received: 2021/09/8 | Accepted: 2022/01/17
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