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 علامه طباطبایی
کلیدواژهها
عنوان مقاله English
نویسنده English
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.
کلیدواژهها English
