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
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.
Fathi, B. (2026). 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. (e742515). Comparative Civil Procedure, 2(Special Number), e742515
MLA
Fathi, B. "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" .e742515 , Comparative Civil Procedure, 2, Special Number, 2026, e742515.
HARVARD
Fathi B. (2026). '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', Comparative Civil Procedure, 2(Special Number), e742515.
CHICAGO
B. Fathi, "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," Comparative Civil Procedure, 2 Special Number (2026): e742515,
VANCOUVER
Fathi B. 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. Comparative Civil Procedure. 2026;2(Special Number):e742515 (In Persian).