نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
One of the significant challenges in judicial proceedings is the inclusion of an improper defendant in lawsuits—an action often undertaken to abuse local jurisdiction rules, particularly Article 16 of the Civil Procedure Code of. In this method, an individual against whom neither a major nor an minor claim is directed, and who plays no role in facilitating the proceedings, is listed as a defendant to enable the plaintiff to bring the claim before a preferred local jurisdiction. A clear example of this issue can be seen in the award issued by 10th Branch of the (General) Civil Court of Hamadan, where the court, having determined that the inclusion of the second defendant was improper, issued an order dismissing the claim against him pursuant to Subsection 4 of Article 84 of the Civil Procedure Code. The present study, focusing on the critique and evaluation of the above-mentioned award, seeks to answer the following question: What is the proper criterion for establishing the existence of a proper defendant in such cases, and what mechanisms exist to counter this practice? Employing a descriptive-analytical method, the study first explains the categories of defendants—including major defendants, minor defendants, and facilitating defendants—and demonstrates that the widely invoked criterion known as “lack of relevance of the claim to the defendant” is insufficient to identify improper defendants. Reliance on this criterion alone is inadequate and may lead to the erroneous classification of a facilitating defendant as improper. Accordingly, the study proposes a negative criterion for identifying improper defendants: a person shall be deemed a improper defendant if he or she fits within none of the categories of major, minor, or facilitating defendants. Moreover, in addition to dismissal and security for costs order, a proper interpretation of Article 16 of the Civil Procedure Code may serve as an effective mechanism to prevent the abuse of local jurisdiction rules through the insertion of improper defendants.
کلیدواژهها English
