The Prohibition of Filing a New Claim at the Appellate Stage and its Exceptions in Iranian and French Law

One of the inalienable principles of civil procedure is the principle of two-stage proceedings when dealing with merits of claims. Based on this principle claims are handled in a two-level manner. Acceptance of the new claim in the appeal stage will lead to a one-stage process. Accepting a new claim at the appellate stage violates the above principle and is therefore prohibited. In French law, a change in the grounds of action at the appellate stage is not considered a new claim and is admissible if it does not alter the purpose of the first claim. In this article, considering the impact of French law on Iran's civil procedure law, first the rule of prohibition of new claims and its exceptions in French law will be examined, and then the aforementioned rule will be discussed in the light of Article 362 of the Civil Procedure Law. Article 362 of the Civil Procedure Act, contains the rule of prohibition of filing new claims and its exceptions. This article has been examined by utilizing a descriptive-analytical method based on library studies. Article 362 of the Civil Procedure Law specifies the rule of prohibiting new claims in the appeal stage and has raised exceptions to it.