Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Various Modifications on the Subject matter of Civil Action

Document Type : .

Authors
1 PhD Student in Private Law, Islamic Azad University, Shiraz Branch, Shiraz, Iran.
2 Assistant Professor, Department of Private and Islamic Law, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran.
3 Assistant Professor, Department of Private Law, Faculty of Law, Islamic Azad University, Shiraz Branch, Shiraz, Iran.
10.22034/ejs.2022.331053.1168
Abstract
Background and Aim: The principle of stability of litigation elements (Immutability Principle) requires that the elements of the litigation remain as stable as possible, and probable changes must be made within the framework of the regulations. In the present article, an attempt has been made to discuss various modifications on the subject matter of civil litigation and the rules governing it.
Findings: Various legal methods of modifying the subject matter of claim, including increasing the claim, reducing the claim and changing the claim, are provided in Article 98 of the Civil Procedure Code.
Conclusion: Increasing demand means increasing the amount of demand and entails a quantitative growth of the claim while decreasing demand is its opposite. Changing a demand means replacing a new demand instead of the damand inserted in the petition. If the increase or change of the demand is outside the prescribed deadline or does not meet the condition of unity of origin and connection with the original demand, will not be admissible by the court. Triple modifications on demand will affect the scope of the court proceedings and will also affect the ability to review or appeal. In addition, an increase in the claim will inevitably lead to an increase in the cost of the proceedings and a change in the claim may have such an effect according to the case.
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