كليدواژه :
ADDITIONAL CLAIM , LAW , procedure civil , دعواي اضافي , دعواي طاري , قانون آيين دادرسي مدني , حقوق
چكيده لاتين :
One of the ancillary claims which has not been considered properly in Iranian Law, by the legislator and lawyers, is additional claim. In contrary to other ancillary actions (like counterclaim, intervention), in procedure civil code, there is only one article (98) which deals with it and text books do not refer to it completely. So, there are more questions and problems, compared with other ancillary suits, concerning this kind of action.
In this article, the author tries to explain the nature and position of the mentioned rights and options in article 98, at some time, to bring conditions and courtʹs duty facing such cases will be discussed. In the article, some of the problems and ambiguities of civil procedure code will be mentioned and solutions will be provided.