The Ideal Model of Additional Demand in the Iranian Law

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Gholam Reza Olyai , Soheil Taheri

Abstract

In the civil procedure, some rights are considered for the plaintiff than can be raised until the end of the first hearing. These rights are generally referred to as additional action. In the civil procedure, only one Article has been allocated to this matter, it has only mentioned examples such as reducing the demand, increasing the demand, changing the litigation procedure, changing the demand, and changing the request, and it has not explicitly stated how to implement each. Increasing the demand only emerges by adding to the demand mentioned in the original petition without following the usual proceedings, while the plaintiff raises the additional action with a new petition, and, by doing so, a new action is established for the court.  These two different approaches can tangibly affect the jurisdiction of the forum and the ability to complain about the issued decision. In the current study, it has tried to, besides looking upon the raison d'être of these two concepts with some modern legal inferences, take a small step to explain and propose an ideal model of increasing the demand in the legal community of the country through the provision of the suggestion of “omission of the term “increasing the demand” and establishment of an independent single-subject rule” in the current judicial system.

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