Competence of concurrent prehension securement of baseless lawsuits and securement of foreigners in Iranian law and with a look to judicial procedure

Document Type : Research Paper

Authors

1 Shahed University lecturer senior attorney-at-law

2 MA. Studen in, Faculty of law, University of Qom, Qom, Iran

Abstract

The legal entity for securement of baseless lawsuits and securement of foreigners Is recognition and foreseen in articles 109and 144 of the code of civil procedure, respectively. Scrutinizing in the contents of these articles indicates that while the conditions of each one of these two securement are the same in cases, but generally, these two types of legal entity should be considered distinct and different from each other. herein, in cases where plaintiff claimant is foreigners, and we are confront with the apparent conflict of these two types of securement, the main question is whether the Iranian defendant can apply the issuance of both types securement of foreigners and securement of baseless lawsuits from the court or no? Will only be able to request one of securements? The results of the present research show that in the supposition that the defendant is foreign and lawsuit is baseless,Issuance of securement of agreement of foreigners which in one side also secured the interest slightly in securement of baseless lawsuits and of the other side through the court obligation to issuance it to spend question defendant is preferred: Except in cases where we confront with common exemptions or specific to these two types of securement that basically issuance of either of these two will be rejected and eliminated here.

Keywords

References

Chalmers, Damian and Tomkins, Adam (2007) European Union Public Law, Cambridge University Press.
Kavanagh, Aileen (2009) “Constitutional Review under the UK Human Rights Act” Cambridge: Under Press.

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