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

An Analysis of the Interdependence Between the “Principal Action for Specific Performance” and the “Counterclaim for Contract Rescission” in Light of the Doctrine of the Indivisibility of Actions

Document Type : Original Article

Author

Badie Fathi

Associate Professor ,Department of Private and Economic Law, Faculty of Law and Political Sciences, Allameh Tabatabai University

Abstract
In civil procedure, managing related claims—specifically delineating the boundaries between “simple connection,” “sufficient connection,” and “complete connection and indivisibility”—remains a subject of complex debate. The central issue of this study is to examine the legal relationship between the “Action for Specific Performance” (to register an official deed) and the “Counterclaim for Contract Rescission”.” Adopting a descriptive-analytical methodology and focusing on Supreme Court Ruling No. 9509970909100404 (Branch 3), this paper critiques current judicial approaches and explores the procedural implications of this nexus.



The findings demonstrate that the relationship between these two claims transcends “simple” or “sufficient” connection. Due to the logical and practical impossibility of reconciling performance (transfer of title) with termination (rescission), this relationship constitutes “complete connection” and “procedural unity.” Consequently, simultaneous adjudication and the issuance of a unified decision are not merely discretionary for the court; they are imperative duties mandated by the principles of procedural fairness. Furthermore, due to “logico-procedural priority,” the claim for rescission must be adjudicated prior to the action for specific performance, as the latter is contingent upon the continued validity of the contract.

Keywords

Simple connection
Sufficient connection
Indivisibility of actions
Procedural unity
Supreme Court Branch 3
Subjects
Comparative Civil Procedure
Volume 2, Special Number
Commemorative Volume Honoring The Judge Hassan Ghaffarpour (Maraghi) President of 3rd Branch of the Supreme Court, Iran
2026

  • Receive Date 07 October 2026
  • Publish Date 23 October 2026

Home

Guide for Authors

Submit Manuscript

Reviewers

Contact Us