Document Type : Original Article

Highlights

Tari's lawsuits in the word consist of a combination of the two words "litigation" and "Tari". Dispute in the word is the source of "claim" and from the root of "litigation" meaning desire, is sought and sought, and Tari is the noun of the subject from the root of "tar" meaning suddenly in the future, suddenly turning and entering something and should be noted There is a difference between a tari and an accident, and a tari is an unexpected creation

In our legal system, litigation is divided into 4 categories, which are: counter, extra, third party and third party attraction.

The purpose of anticipating litigation in the legal system is to review and regulate the rights of the parties.

Pursuant to Articles 17, 98, 103, 130 to 143 of the Code of Civil Procedure of the General and Revolutionary Courts in Civil Affairs, approved in 2000, preliminary lawsuits have been legislated and Articles 35 (paragraphs 11 and 12), 109, 419, 4251 , 423, 432 and 503 of the said law, Article 51 of the Third Party Insurance Law approved in 2016, Article 21 of the Law on Dispute Resolution Councils approved in 2015 and Article 22 of the Executive Regulations of the Law on Dispute Resolution Councils approved in 2015 and Article 51 of the Law on Organization and Procedure of the Court of Administrative Justice Approved in 2013, some rulings and effects of Tari lawsuits have been mentioned.

Despite the importance of litigation in the litigation process in the legal authorities and the Court of Administrative Justice, so far little attention has been paid to these lawsuits and the legal system governing them, and the status of some cases, especially in the Court of Administrative Justice is not clear.

In this regard, litigation in public courts and the Court of Administrative Justice is subject to special provisions provided in the above-mentioned laws. The results of this study show that due to the existential philosophy governing the establishment of the Court of Administrative Justice and inequality of the litigants in this regard and the principle of equality of the parties in legal courts, some cases of litigation have not been accepted in the Court of Administrative Justice. The research method in this research is descriptive-analytical and library method has been used in collecting resources.

Avoiding multiple cases in the judiciary By looking at the annual statistics of cases filed in the courts and examining the plaintiffs and the demands raised, it is clear that a large number of cases are relevant and if Being brought together would reduce the number of cases, while the formation of multiple cases for the judiciary would lead to overcrowding and other problems, such as reduced multiple court times, cost-effectiveness of the parties or third parties, and the judiciary. From environmental and human energy, there is a lot of traffic, numerous communications, numerous protests, and so on.

In addition to helping to establish a coordinated, correct, orderly and less lengthy hearing, this includes the interests of the litigants in enjoying the benefits of such a hearing. Particularly for litigants, Tari has the advantage of filing a lawsuit in the court where the main lawsuit is pending, regardless of the rules of local jurisdiction, and is heard simultaneously with the main lawsuit. .

For the first time, litigation in the Court of Administrative Justice was recognized in the Law on the Court of Administrative Justice approved in 2006. This issue was repeated in the Law on the Organization and Procedure of the Court of Administrative Justice. In the mentioned law, only the entry of a third party and the attraction of a third party are mentioned as examples of preliminary lawsuits in the mentioned law, and there is no mention of reciprocal lawsuits, which will be described below.

This aspect of novelty also applies to litigation in the Court of Administrative Justice. In the Law on Administrative Justice Court approved in 2006, the legislator for the first time identified only two types of litigation and in the Law on Organization and Procedure of the Administrative Justice Court, the legislature allocated more materials to litigation.

Regarding the filing of lawsuits for third party entry and attraction of third parties in the appellate branches of the Court, according to the different articles of the Court Law and considering the standards of fair trial, the strongest opinion is the non-acceptance of these lawsuits.

The situation is different in the courts of law. Citing the criteria of that article and Articles 135 and 143 of that law are acceptable reasons for proving the deadline for additional litigation, and with such reasons, the argument of the first possibility that the additional litigation is not restricted to the first hearing remains incomplete and incomplete.

The Court of Appeal and the judges of this court can enter only to the extent that they have been tried at the initial stage and have been substantiated in nature, and they cannot go beyond that. However, according to the prescription of the legislator, sometimes these principles and rules have been deviated from and the initial claims in the appeal stage can be considered. The initiation of some lawsuits is an example of these lawsuits. Of course, other lawsuits such as third party objections to the final verdict and complaints and annulment of the arbitrator's verdict can be other examples.

The first lawsuit in the Court of Appeals causes the mutual influence of these lawsuits and their circumstance with the main lawsuits in some respects, which is due either to the connection and unity of the source and the joint investigation and the effect of each sentence on the other or due to its superiority. The authority to review such proceedings or, ultimately, the legislature and the law.

The appeal stage is one of the stages of the proceedings. This stage, like the initial stage, covers a normal period of time, and in order for a fair trial, the rules related to the aggregation of lawsuits and related lawsuits in this court should be treated as the primary authority, and the appellate court cannot ignore these rules in these cases. And in any case refuse to comment on lawsuits that have been filed in accordance with the legal conditions and in accordance with the rules of procedure at this stage.