Comparative Civil Procedure
Procedure & Regularity for Accuracy, True Dispute Resolution and Happiness

The Basis of Connected Claims and Its Impact on the Scope of the Concept of "Connection" in Iranian and French Law

Articles in Press

Document Type : Original Article

Author

Badie Fathi

Assistant Professor ,Department of Private and Economic Law, Faculty of Law and Political Sciences, Allameh Tabatabai University, Tehran, Iran

Abstract
This study engages in a comparative analysis of Iranian and French law to scrutinize the foundations of connected claims (connexité) and incidental claims (demandes incidentes), as well as the influence of these foundations on the definition and scope of the concept of "connection." The central inquiry of this article is whether the two renowned rationales—prevention of the repetition and renewal of litigation (lis pendens), and the prevention of contradictory judgments—can fully justify the existential philosophy of connected claims. Furthermore, it investigates the extent to which these rationales are realized within the current procedural structures of Iran and France.

Additionally, the article questions whether complementary rationales, such as the "proper administration of justice" (bonnie administration de la justice) and empowering the court to achieve a comprehensive dispute resolution, could lead to a more precise explication of this institution's objectives. It also examines how the adoption of each rationale impacts the definition of "connection," particularly regarding the distinction between "unity of origin" and "complete connection."

Keywords

Incidental Claim
Connected Claim
Complete Connection
Unity of couse

Subjects

Comparative Civil Procedure

Articles in Press, Accepted Manuscript
Available Online from 18 December 2025

  • Receive Date 02 December 2025
  • Revise Date 18 December 2025
  • Accept Date 18 December 2025
  • Publish Date 18 December 2025

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