How is the objection plan?

How is the objection plan : One of the ways that the legislator provides in the laws of Iran, so that people can respond to claims based on that, is the filing of procedural objections. In this article, we will examine these flaws. These flaws in the civil procedure law are the problems that the defendant and plaintiff can create an obstacle in the initial hearing of the lawsuit by referring to them. Stay with us.

Procedural objections

In order to raise procedural objections in the Civil Procedure Law of Iran, some cases have been foreseen. In other words, if these cases exist, the opposite party can object to the proposed lawsuit. Also, in this way, it will create an obstacle to the handling of the lawsuit, even if it is temporary. In Article 84 of the Civil Procedure Law, these defects in legal matters are stated. Each of them creates special effects on the fight. Since the filing of these objections has specific time and conditions, it is necessary for the parties to the lawsuit to be aware of its rules and procedures and to benefit from consultation with top lawyers in this field before any action.

Cases of procedural objections

These defects are common in legal and criminal cases. Therefore, the best lawyer in Tehran and other cities can deal with procedural objections with complete mastery of these laws. These items include:

The court has no jurisdiction.
The lawsuit between the same people in the same court or another court should be filed before. be under consideration
The petitioner does not have the legal capacity to file a lawsuit due to legal reasons such as minor, lack of growth, insanity or prohibition of possession of property as a result of the bankruptcy order.
The claim is not against the defendant. In this case, a decision to reject the lawsuit is issued from the motion of procedural objections.
The person who files the lawsuit as a representative, such as attorney, guardianship, or guardianship, and his position should not be specified.
The case in question should be dealt with between the same persons or persons who are the litigants acting as their representatives and a definitive ruling should be issued.
Lawsuit has no legal effect on the assumption of proof. such as endowment and gift without receipt.
The subject of the dispute is not legitimate.
The fight should not be dogmatic. Rather, it is suspected or possible.
The plaintiff is not interested in the lawsuit.
The lawsuit is filed outside the legal deadline.

Types of procedural objections in Iranian laws

There are different types of procedural objections in Iran. These types are as follows:

Defects that cause a change of jurisdiction.
Defects on the basis of which a temporary obstacle is created in the proceedings.
Defects based on which permanent obstacles arise in the proceedings.

Proposing procedural objections that cause a change of jurisdiction
In this section, we would like to point out the objections of the proceedings, by which the jurisdiction of the lawsuit is changed. These defects include:

A- Objection of lack of inherent jurisdiction: Clause 1 of Article 84 of the Civil Procedure Law acknowledges that if the court lacks inherent jurisdiction, then the defendant can object to this issue until the end of the first hearing. In case of acceptance, the court will issue a disqualification order. Then he sends the case to the competent authority or to the Supreme Court to determine the competent authority.
B- Objection of lack of local jurisdiction: This objection means that the court has inherent jurisdiction to deal with that matter. But the place of litigation must be another court. This objection should be raised by the respondent before the end of the first hearing. In case of acceptance, the court will issue a disqualification order. Sends the case to the competent authority or to determine the competent authority, to the Provincial Court of Appeal or to the Supreme Court of the country.
C. Objection to the matter: Prosecution objections of this type means that the defendant declares that the case is already under consideration in the same court or another court between the same litigants. Or he claims that the current lawsuit is completely related to the previous lawsuit. If the court accepts this complaint, it will issue a joint trial order. In other words, it will deal with both at the same time.

Proposing procedural objections that create a temporary obstacle in the proceedings

You should know that procedural objections that create a temporary obstacle in the proceedings are considered among the objections that, if the obstacle is removed, the lawsuit can be filed again.

A- The objection of the lack of legal capacity of the legislator in this case acknowledges that everyone needs to have legal capacity in order to be able to defend his legal rights. If the court determines that the defendant does not have the capacity, it will issue the decision of the defendant’s disqualification.
B- Objection of lack of position: This objection is raised when the person who filed a lawsuit on behalf of the petitioner does not have a legal position.
Proposing procedural objections that create a permanent obstacle in the proceedings
In the design of procedural defects, these types of defects create a permanent obstacle to proceedings and are therefore very important. These defects are divided into two general categories, which are as follows:

Objection of not paying attention to the lawsuit: This objection means that the lawsuit, even assuming that the claim is proven, is not against the defendant. Therefore, in this case, the court will issue an order dismissing the lawsuit.
Objection of adjudicated matter: This objection is raised when the defendant wins the previous lawsuit. Then claim that the new lawsuit is the same as the previous lawsuit. In such a case, if the court confirms this, it will issue an order rejecting the lawsuit. In order to accept this type of complaints, the court must recognize that this lawsuit and the previous lawsuit have the same litigants, subject and cause.