نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه حقوق، دانشکده حقوق، دانشکده ادبیات و علوم انسانی، دانشگاه ادیان و مذاهب، قم، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The transfer of the right of action is one of the manifestations of the transformation in the concept of property and the influence of financial rights in judicial relations, in such a way that the right to file a lawsuit is no longer merely a means of defending personal interests, , this institution remained as a limited and non-military exception and could only be interpreted in the form of transferor or succession of creditors. But with the revision of laws and the development of judicial analysis, the transfer of litigation rights was accepted as an independent institution; An institution that established a systematic balance between fundamental principles such as the freedom of contracts and the relativity of its effects. The basis of the acceptance of this institution in the French legislative policy was not merely the satisfaction of contracts, but its economic function in accelerating the collection of claims and reducing the delay of proceedings. In Iran's legal system, although an independent title for the transfer of litigation rights is not foreseen in the civil laws and procedure, The present study, with a comparative approach and descriptive-analytical method, while explaining the theoretical foundations of this institution in French law and its adaptation to Iranian law, shows that accepting the transfer of litigation rights is not only in conflict with the fundamental principles of contract law, but also strengthens judicial security, economic order and the realization of justice in fulfilling the rights of individuals.
کلیدواژهها [English]
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