Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

The Effect of Indivisible Lawsuits on Seizure of Proceedings and Return of Lawsuits

Document Type : research

Authors
1 PhD student of private law, Department of Law, Alborz Campus, University of Tehran, Tehran, Iran.
2 Associate Professor of Department of Private Law, University of Tehran, Tehran, Iran.
3 Professor of Department of Priviate Law, University of Tehran, Tehran, Iran.
4 Associate Professorof of Department of Law and Political Sciences, University of Tehran, Tehran, Iran.
10.22034/ejs.2024.461899.1832
Abstract
Background and Aims: Determining the effects of indivisible lawsuits implies positive effects for both lawyers and court judges. Based on this, the purpose of this article is to investigate the effect of indivisible lawsuits on seizure of proceedings and return of lawsuits.
Materials and Methods: This article is descriptive and analytical. The materials and data are also qualitative and data collection has been used in the collection of materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: The findings showed that in multiple lawsuits that cannot be separated, if one of the lawsuits is sequestered, the other lawsuit will also be stopped, and in a single lawsuit with multiple litigants, where the lawsuit cannot be divided in terms of the number of plaintiffs or the number of plaintiffs, death or The withdrawal or deterioration of the position of one of the litigants causes the proceedings to be stopped for all the litigants.
Conclusion: The result that in multiple lawsuits, the restitution of one claim is not related to the restitution of another claim, whether the claims can be separated from each other or not of claimants or the plurality of plaintiffs, the return of the petition or lawsuit is accepted on behalf of each of the plaintiffs or against each of the plaintiffs, and it makes the rest of the lawsuit capable of being heard to lose.
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