An attitude on the issue of sequestration of proceedings in Iranian law

A fair trial is one of the fundamental rights of the parties to a lawsuit. After filing a lawsuit and referring to the judicial authorities and starting the trial, it is not conceivable to refuse or stop the lawsuit. On the other hand, this fundamental principle is necessary to stop the proceedings in some cases. Cases of sequestration of proceedings are divided into two parts: the first is due to the change in the personal status of the litigants or their representatives, which is stated in articles (39, 40 and 105 of the Islamic Law), and the second is the cases that are outside the personal status of the litigants or their representatives, which in Other items are foreseen. Regarding the cases of the first category, it is possible to mention the death and imprisonment of the litigants, the arrest of the litigants and the seizure of the proceedings due to the absence of the missing effect, and in the case of the second category, the seizure of the proceedings due to anatah, expert appointment, examination appointment and local investigation, provision Fictitious lawsuits and provision of foreign nationals were mentioned. Seizure of proceedings is in the interest of litigants and prevents their rights from being violated. Cases of seizure of proceedings both in this law of civil proceedings and in other laws such as the registration law, the law of discretionary matters, the law of the Administrative Court of Justice, etc. .. forecasted. In the upcoming research, an attempt has been made to investigate seizure of proceedings in Iranian law.