Transmissibility of Personal Actions to Heirs in Iranian and French Law

Death of one of the parties is one of the cases of suspension of procedure. The action would be continued with the involvement of heirs. But all the actions are not compatible with involvement of heirs. Traditionally, personal actions are deemed non-transmissible. Taking into account the non-transmissibility of personal rights, this conclusion may be justified. But bring the case to justice, may affect the substance of the rights. One of the substantive effects of the action, is the stabilizing the subject-matter of the case. With bringing the action, the death of the parties, principally cannot extinguish the subject-matter of the case. This effect so called in French Law as the (effet novatoir de l’instance). The fundament and obstacles of this effect is the principal subject matter of this Article. This study is dedicated to render a general theory of transmissibility of personal actions.