Document Type : Research Paper
Authors
1
PhD Candidate in Private Law, Faculty of Law, Damghan Branch, Islamic Azad University, Damghan, Iran
2
Associate Professor of Law, Law Department, Faculty of Humanities, Semnan University, Semnan, Iran
3
Assistant Professor of Law, Law Department, Faculty of Law, Damghan Branch, Islamic Azad University, Damghan, Iran
Abstract
Under Iranian Civil Procedure Act, claimant, when making action, has to determine the cause of his/her action. According to the paramount opinion in Shiite Jurisprudence, principally the whole actions have to be heard even when cause of action has not represented. From this view point, as a rule, the court is bound, at the commencement of hearing, to explore the cause of action and, therefore, make judicial decision. By accepting this opinion which has been applied in some court's decisions, in addition to respecting the fourth principle of Iranian Constitution, it is possible to transfer the subject of determination and achievement of cause of Action, from the section of formal conditions of petition to the section of hearing bars which naturally results in changing the decision making authority from court clerk to judge. In French law, although the phrase "cause of action" has not been used and defined in civil procedure Act and jurist has expressed different opinions in the matter; according to that Act, claimant is obliged to indicate legal and subjective bases of action.
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