نوع مقاله : مقاله علمی - پژوهشی
دانشیار دانشکدۀ حقوق و علوم سیاسی دانشگاه تهران
عنوان مقاله [English]
To whom belongs an action? Only complainant? Or defendant may also have his share on it? So called expression in civil procedure "action belongs to the parties" shows this practical and legal reality that each party can do some acts on civil litigation such as choosing the action and freedom in that work, transfer of action, and freedom of defense. Action becomes in some cases common things of the parties. This time called and "time of decision". Sometimes disputing parties can do their modification to the procedure and not to litigation. Where each party do some modification to litigation such as consenting to conciliation or arbitration or they do some modification in litigation by filling incident action. Those acts need consent or acceptation of defendant. In the other words, when each party do some modification to the litigation such as consenting to conciliation or arbitration or they do some modification in litigation by filling incident action, those acts need consent or acceptation of the defendant. It seems that this limit of ownership does not permits claimant to withdraw action in case of disagreement with the judgments.