نوع مقاله : پژوهشی
نویسنده
استادیار، گروه حقوق خصوصی، دانشکده حقوق، دانشگاه تربیت مدرس، تهران، ایران. (نویسنده مسؤول)
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
When the rights of the defendant are violated or denied. The plaintiff, in order to oblige the defendant to return the right or to accept it, resorts to a lawsuit that ethics requires that the defendant's right not be violated as a result of any unsupported lawsuit. The legislator, in order to provide legal and moral protection and to protect the rights of the defendant, and in case the plaintiff is sentenced to injustice, can receive damages resulting from the plaintiff's lawsuit or execution of the sentence. For this purpose, it has been predicted to obtain security. The purpose of this article is to examine the cases of obtaining security from the plaintiff in civil lawsuits. In this article, it has been prepared and compiled using descriptive-analytical method using library methods and using library resources. The findings indicate that; The legislature has proposed an establishment in the Code of Civil Procedure so that the defendant can seize the equivalent of the damages from the property of the plaintiff. This establishment can be described as obtaining security. In addition, these findings of the research show that the possibility of obtaining security from the applicant requires taking the conditions set by the legislator. The security institution is intended for cases in which in the future, due to a lawsuit filed by the defendant, the defendant will not be deprived of his right, and moral teachings emphasize the legislator's protection of the defendant in similar cases. The defendant in the lawsuit, in cases such as fictitious lawsuits and lawsuits of foreign nationals, and in the reviewing authorities of the lawsuit, including the first instance, appeal, appeal, third party objection and retrial, will be obtained from the defendant at the defendant's request.
The security institution is intended for cases in which in the future, due to a lawsuit filed by the defendant, the defendant will not be deprived of his right, and moral teachings emphasize the legislator's protection of the defendant in similar cases. The defendant in the lawsuit, in cases such as fictitious lawsuits and lawsuits of foreign nationals, and in the reviewing authorities of the lawsuit, including the first instance, appeal, appeal, third party objection and retrial, will be obtained from the defendant at the defendant's request.
کلیدواژهها [English]
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