The Parties’ Bringing Changes in Action and Litigation (Comparative Study)

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MOHSENI HASSAN

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Journal Paper

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Journal: COMPARATIVE LAW REVIEW Year:2018 | Volume:9 | Issue:1 Page(s): 403-423

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Information Journal Paper

Title

The Parties’ Bringing Changes in Action and Litigation (Comparative Study)

Author(s)

MOHSENI HASSAN | Issue Writer Certificate

Keywords

OwnershipQ1

modification of litigationQ1

Withdrawal of legal actionQ1

TerminationQ1

Whole WithdrawalQ2

Abstract

To whom belongs an action? Only complainant? Or defendant may also have his share on it? So called expression in civil procedure "action belongs to the parties" shows this practical and legal reality that each party can do some acts on civil litigation such as choosing the action and freedom in that work, transfer of action, and freedom of defense. Action becomes in some cases common things of the parties. This time called and "time of decision". Sometimes disputing parties can do their modification to the procedure and not to litigation. Where each party do some modification to litigation such as consenting to conciliation or arbitration or they do some modification in litigation by filling incident action. Those acts need consent or acceptation of defendant. In the other words, when each party do some modification to the litigation such as consenting to conciliation or arbitration or they do some modification in litigation by filling incident action, those acts need consent or acceptation of the defendant. It seems that this limit of Ownership does not permits claimant to withdraw action in case of disagreement with the judgments.

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APA: Copy

MOHSENI, HASSAN. (2018). The Parties’ Bringing Changes in Action and Litigation (Comparative Study). COMPARATIVE LAW REVIEW, 9(1 ), 403-423. SID. https://sid.ir/paper/246327/en

Vancouver: Copy

MOHSENI HASSAN. The Parties’ Bringing Changes in Action and Litigation (Comparative Study). COMPARATIVE LAW REVIEW[Internet]. 2018;9(1 ):403-423. Available from: https://sid.ir/paper/246327/en

IEEE: Copy

HASSAN MOHSENI, “The Parties’ Bringing Changes in Action and Litigation (Comparative Study),” COMPARATIVE LAW REVIEW, vol. 9, no. 1 , pp. 403–423, 2018, [Online]. Available: https://sid.ir/paper/246327/en

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