Persistence Regarding Jurisdiction of the Court upon Submission of a Statement of Claim

Transfer of claim means that the right to initiate a case and continue legal proceedings is transferred from one person to another and the transferee succeeds the transferor.The procedural laws do not have a ruling on voluntary transfer and this has led to different interpretations: some courts do not accept voluntary transfer of claim and as a result, after the transfer of the "subject of a claim" in the course of the proceedings, they dismiss the case. Some other courts accept transfer of claim and consider the transferee as a party to a claim. According to Article 105 of the Code of Civil Procedure regarding automatic transfer of a claim, Article 84 (6) of the same law, Article 42 and its Note of the Registration Act, Article 26 (1) of the Establishment of Public and Revolutionary Courts Act and other scattered legal articles, the principle of being the beneficiary to the case, validity of res judicata, the fact that secondary matter follows the principle, the rule that every owner has complete authority in the use of his property, legal doctrine and judgment rendered by high courts, it seems that voluntary transfer of claim is as accepted as automatic transfer of claim in the Iranian legal system. Acceptance of transfer of claim prevents the excessive length of proceedings and the doubling of litigation costs to the litigants.