Volume 21, Issue 73 And 74 (9-2016)                   __Judicial Law Views __2012__, 21(__59__): __22472 | Back to browse issues page

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Tahmasebi A. The Rules Regarding Withdrawal of the Statement of Case and Claim in the Case of Multiplicity of Litigants. دیدگاه‌های حقوقی. 2016; 21 (73 and 74) :45-72
URL: http://jlviews.ir/article-1-901-en.html
Razi University , a.tahmasebi.7@gmail.com
Abstract:   (785 Views)

According to the rule of parties initiative, parties are free to terminate trial and procedural law respects the freedom of their will, although restrains it depending upon some circumstances. however, withdrawal of a case when there are multiple plaintiffs or defendants, may raise complicated issues which the Act does not have any solution for them and their suitable rules should be inferred by Legal analysis and considering various data such as being solidarity among plaintiffs, divisibility or non-divisibility of litigation, the solidary obligation of defendants and severability or non- severability of the claim. If there is not solidarity among plaintiffs and the claim is not severable, it is not permissible to withdraw the statement of case or claim; because this challenges the continuity of litigation in respect to the others. If the defendants are liable solidum, discontinuance of claim regarding to one of them does not diminish the others solidary liability and they are still liable to plaintiff, so continuing the process accord to principles of procedure. After the end of parties’ negotiation, if some defendants disagree with withdrawal of claim by plaintiff, the trial continues with their presence       

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Type of Study: Applicable Research | Subject: Pivate Law
Received: 2016/11/09 | Revised: 2018/01/20 | Accepted: 2017/11/25

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