Document Type : Original Article
Authors
1 Department of Law, ST.C.Islamic Azad University,Tehran,Iran
2 Assistant Professor, Department of Humanities, Faculty of Law, South Tehran Azad University, Tehrane, Iran
3 Assistant Professor, Department of Humanities, Faculty of Law, South Tehran Azad University, Tehran City Name, Iran Country Name
Abstract
In civil procedure regulations, lawsuits that are filed with an ulterior motive and bad faith, and for which the plaintiff essentially has no legitimate right, are subject to the sanctions provided for in the note to Article 109 and Article 515 of the law. This category of lawsuits is legally termed "vexatious lawsuits" . In contrast, there is another category of lawsuits where the plaintiff does not have malicious intent but has made a pardonable error in drafting the statement of claim. These lawsuits should be considered "incorrect lawsuits" . In such cases, the legislator has not afforded the plaintiff any opportunity to remedy the error and deems their lawsuit subject to orders of inadmissibility or dismissal. This issue is particularly critical in time-sensitive claims, especially in most objection proceedings, as there is a risk of incurring irreparable harm and being denied access to justice due to the inability to amend the statement of claim. In this regard, the English judicial system has adopted a more flexible approach. Using a descriptive-analytical method, this research concludes that current Iranian regulations have confined the amendment of the statement of claim to very limited formal circumstances and, with an inflexible approach, prevent fundamental changes such as adding a defendant. This is while streamlining the litigation system is achievable by expanding the right to amend the statement of claim, while simultaneously foreseeing mechanisms such as requiring the plaintiff to provide security for the defendant's potential costs and imposing penalties for vexatious lawsuits. This approa...
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