Application of Succombance Principle in Appeals Courts in Iranian Law

Interest is one of the prerequisites of bringing an action to the court. This condition is not limited to first instance claims but is also necessary in appeals. But the question of which side holds the right of appeal is not easily answered. Article. 335 (a) of the Civil Procedure Code grants the appeal right to all parties of first instance. However, the appealing of the winning party is not in accordance with the principles of civil procedure code. In French Law, the succombance principle determines in which cases the parties could appeal the review of the judgment of the first courts. There are presumptions that specify the cases of appeal, condemnation in logic of the judgment and condemnation to compensation of costs of proceedings. Nevertheless, these presumptions are not inviolable. Consequently, it is necessary to study the application of succombance principle in different cases. In this regard, the application of succombance principle in respect of court judgment, parties and subject of the case would be studied in this article. The literature of French law would be one of the sources for finding the solutions of cases of appeals in Iranian Law.