Degradability or non-decomposability of claims for commercial documents in terms of subject matter and opinions issued

Document Type : Original Article

Authors

1 PhD Student, Department of Law, Neishabour Branch, Islamic Azad University, Neishabour, Iran

2 Assistant Professor, Law Department, Neishabour Branch, Islamic Azad University, Neishabour, Iran

Abstract

The effect of the actions of each of the plaintiffs on each other can be analyzed only in the form of proving the claim by the plaintiff and in return for rejecting it by the defendant. Proof of the claim by one party or rejection by the other party may also be effective against other plaintiffs or defendants, which will add to the complexity of the case. In general, in lawsuits for commercial documents, the decomposability or non-decomposability of the votes issued depends on the cause that caused the violation of the right to protest. If this is a common cause among all the officials of the commercial document, the violation of the vote due to the objection of one of the officials will be effective against the others, in other words, the vote will be indivisible and otherwise the vote will be decomposable. In terms of subject matter, in fact, the main question is whether these lawsuits can be decomposed and if a case is decided on a part of the request for a vote or not, and the possibility of filing a lawsuit to claim a commercial document in the case. Are there several cases in each of which we demand a part of the document? It seems that the separability of claims for commercial documents is subject to general rules in terms of subject matter and does not have a special feature.

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