به آیینی و به سامانی:
درستی - سازش - شادی
نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار، گروه حقوق خصوصی و اقتصادی، دانشکده حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران.
کلیدواژهها
موضوعات
عنوان مقاله English
نویسنده English
Article 109 of the Civil Procedure Code allows the defendant to request security from the defendant to compensate for the legal costs that the plaintiff may have to pay to the defendant after a possible conviction. Legal writers have called this type of security the security for a false claim and have studied it in the section on objections. This is while neither the law nor the doctrine has defined a false claim and has not introduced a criterion or measure for determining whether a claim is false, in addition, this security has nothing to do with procedural objections and is a type of security. This is while most civil procedure writers have considered this security to be one of the objections and have studied it in the section on objections. In this article, the false claim under discussion and the philosophy of establishing this security, which is to prevent the filing of unfounded claims, have been stated. The procedure for requesting security, the court's duty to determine the term and amount of security, and the methods of objecting to the amount of security and the term for its payment, and the guarantee of its non-payment, have also been discussed.
کلیدواژهها English
