نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسندگان English
Certain claims are not explicitly set forth in the statement of claim; yet, they form an integral part of the necessary incidents, prerequisites, or corollaries of the claimant’s principal claim, to the extent that the court cannot adjudicate the principal claim without addressing them. Such issues, which arise for consideration during the proceedings, are deemed the implicit claims of the case. While not expressly provided for in Iranian statutory law, they have found their way into civil procedure. Some courts acknowledge them and may render judgments on them concurrently with the express claim. This gives rise to the central questions: What is the legal basis for a court’s adjudication of a claimant’s implicit claim? By what authority may courts examine this unarticulated claim? An inductive analysis of legal provisions reveals that the legislature has indeed endorsed implicit claims in specific types of lawsuits - a recognition that can be extended to other cases by analogy. Moreover, Defiant Judgment No. 3753, dated 14 January 1962, issued by the General Board of the Supreme Court of Iran, may be regarded as establishing a general principle for the acceptance of such claims in Iranian judicial practice. Courts may also adjudicate implicit claims by recourse to the rule of implication (or: doctrine of implied inclusion) - the doctrine that the authorization of a matter entails the authorization of its necessary concomitants. This article aims to investigate the foundational grounds and principles that empower or obligate courts to examine and rule upon a claimant’s implicit claim.
کلیدواژهها English
