Volume 12, Issue 52 (5-2024)
3 2024, 12(52): 1-20 |
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Hatami F, Taghipourian Gilani A. Regulations Governing Joinder of Plaintiffs in Civil Litigation. 3 2024; 12 (52) :1-20
URL: http://jlawst.ir/article-1-1067-en.html
URL: http://jlawst.ir/article-1-1067-en.html
Master's degree in private law, Islamic Azad University, Ayatollah Amoly branch, Amol, Iran
Abstract: (303 Views)
This research is conducted with the aim of examining the regulations governing the joinder of plaintiffs in civil litigation. The method used in this study is descriptive-analytical. In this research, data analysis has been carried out theoretically and by using legal texts, comparably. The findings indicate that in the assumption of the plurality of potential plaintiffs, subtle issues from the perspective of procedural law can be raised, which may challenge the legal nature of the lawsuit. In the assumption of a solidarity relationship among the plaintiffs, each of them can individually sue the defendant. In the absence of a solidarity relationship, the feasibility or infeasibility of separating the claims determines the possibility or impossibility of individual lawsuits by the plaintiffs and is the criterion for the entry or non-entry of the court into the nature of the lawsuit. In Iranian law, multiple individuals with similar or common substantive and procedural issues cannot collectively sue a common defendant. However, in American law, such a mechanism called joinder of parties, whether voluntary or compulsory, has been envisaged. The absence of such an institution in Iranian law leads to inefficiency, waste of resources, and sometimes tarnishing the credibility of the judicial system. In the assumption of multiple defendants and their joint liability, the plaintiff can sue all or some of them. However, in the absence of joint liability, the feasibility or infeasibility of separating the claims becomes the criterion for the permissibility or non-permissibility of suing some of the defendants. Also, when there are multiple plaintiffs and defendants in a potential lawsuit, depending on the solidarity relationship among the plaintiffs and defendants and the absence of solidarity among them, and the feasibility or infeasibility of separating the claims, various assumptions can be drawn, which will be subject to different legal provisions.
Type of Study: Research |
Subject:
General
Received: 2024/05/8 | Accepted: 2024/05/30 | Published: 2024/05/30
Received: 2024/05/8 | Accepted: 2024/05/30 | Published: 2024/05/30
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