عنوان مقاله [English]
The foundation of civil procedure is the rules that have been legislated for trial’s discipline. However, expedients and circumstances of claim sometimes cause deviation from trial’s rules. With attention to law, it is observed that first, although local jurisdiction of claims about goods is with the court of defendant’s residence and local jurisdiction of claims about immovable property is with the court of its locale, local jurisdiction of claim to admeasure heritage is the last residence or habitance of decedent. In order to implement this exception, a set of strategies such as place of issuance of probate, place of death, place of occurrence of property, especially immovable property of the decedent, place of heirs’ residence, the last decedent's residence based on plaintiff's announcement should be used. Secondly, although one of the characteristics of court’s final verdict according to the rule is that it is not voidable, the verdict about admeasuring heritage is an exception to this rule and is so voidable. In this article, we intend to explain the deviation from two aforementioned rules in the claim to admeasure heritage in law.