AN ANALYSIS TO OF THE SINGLENESS UNITY OF PROCEEDINGS’ PRINCIPLE IN THE CODE OF THE CIVIL PROCEDURE ACT

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GHOLIZADEH AHAD

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Journal: CIVIL LAW KNOWLEDGE Year:2017 | Volume:5 | Issue:2 (10) Page(s): 69-83

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Information Journal Paper

Title

AN ANALYSIS TO OF THE SINGLENESS UNITY OF PROCEEDINGS’ PRINCIPLE IN THE CODE OF THE CIVIL PROCEDURE ACT

Author(s)

GHOLIZADEH AHAD | Issue Writer Certificate

Keywords

SINGLENESS UNITY OF PROCEEDINGS PRINCIPLEQ1

NEW CLAIMQ2

NEW EVIDENCEQ1

NEW DEFENSEQ1

ADDING THE CLAIMQ1

CHANGING THE CLAIM’S CAUSEQ1

CHANGING THE CLAIM’S TITLEQ1

PERIPHERALSQ1

Abstract

This analytical research shows that in the Code of Civil Procedure Act there is a hidden principle entitled the singleness unity of proceedings’ principle.According to which this principle whole all the stages of the trial i.e.proceedings of first instance, objection to ex parte judgments, appeal in appeal courts and in supreme court, and even proceedings in retrial do in fact a single trial. Even when a judgment or warrant of lower stages is abrogateds in upper stages what principally happens later is in adherence with what has been done in previous stages and plays an improving role. As a result, principally what the way has been closed for it in the former stages would not be admissible in the upper stages and what the way is open for its admission in the upper stages, principally the way has as well been open for its admission in the lower stages.Some cases are out of this principle’s scope. Impossibility of presenting or collecting new documents or evidences, impossibility of adding thea claim or changing the claim’s or defenses the manner of defense or changing the claim, impossibility of moving dilatory pleas by claimant or defendant, and impossibility of manipulating the appeal’s claim, are on one hand are of the reasons and on the other hand are of the consequences of this principle.

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APA: Copy

GHOLIZADEH, AHAD. (2017). AN ANALYSIS TO OF THE SINGLENESS UNITY OF PROCEEDINGS’ PRINCIPLE IN THE CODE OF THE CIVIL PROCEDURE ACT. CIVIL LAW KNOWLEDGE, 5(2 (10)), 69-83. SID. https://sid.ir/paper/245907/en

Vancouver: Copy

GHOLIZADEH AHAD. AN ANALYSIS TO OF THE SINGLENESS UNITY OF PROCEEDINGS’ PRINCIPLE IN THE CODE OF THE CIVIL PROCEDURE ACT. CIVIL LAW KNOWLEDGE[Internet]. 2017;5(2 (10)):69-83. Available from: https://sid.ir/paper/245907/en

IEEE: Copy

AHAD GHOLIZADEH, “AN ANALYSIS TO OF THE SINGLENESS UNITY OF PROCEEDINGS’ PRINCIPLE IN THE CODE OF THE CIVIL PROCEDURE ACT,” CIVIL LAW KNOWLEDGE, vol. 5, no. 2 (10), pp. 69–83, 2017, [Online]. Available: https://sid.ir/paper/245907/en

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