Investigating the cause of litigation and its difference with the origin of litigation in Iranian and French law

Document Type : Original Article

Authors

1 Department of Law, Urmia Branch, Islamic Azad University, Urmia, Iran

2 Assistant Professor of Law, Urmia Branch, Islamic Azad University, Urmia, Iran (Corresponding Author)

3 Assistant Professor of Law, Urmia Branch, Islamic Azad University, Urmia, Iran

Abstract

Anyone who claims a right and wants to achieve it, has to file a lawsuit in the judiciary. But merely claiming to have a right cannot be useful in achieving the goal; the claimant of the right must provide other tools and means for himself, in order to overcome the existing problems in achieving his right by using the tools along with making a claim in the judicial authority. Among these cases is the cause.In Iran, the reason is not mentioned and instead the legislator used the term litigation, which in fact was the subject of litigation. Some jurists believe that the cause is different in nature and application from the direction of the dispute.The legislature has also used the term origin in some articles of the Code Civil Procedure. (Such as Article 17, Article 98, etc.) Our goal is to examine the reasons for the difference between the cause of the dispute and its origin. Therefore, in this research, we have studied this issue with descriptive analytical method and the results of the research showed that the cause should be considered the point of direct reliance of civil litigation on subject matter, while the relationship between the source of litigation and civil litigation is due to the cause of litigation.In other words, a lawsuit has a single origin but may have multiple causes. In many cases, the cause of the dispute is the source of the dispute; But in many cases the two must be distinguished from each other

Keywords

Political Sociology of Iran
Volume 4, Issue 4 - Serial Number 16
February 2022
Pages 556-577

Files

Share

How to cite

Statistics