Comparative study of Oblique action in Iranian, French, and Egyptian law, focusing on Iranian law

Oblique action is an exception to the principle of the relative effect of the contract, which permits unsecured creditors or collateralized creditors whose collateral is not worth as much as their claim, under certain conditions, to interfere with the legal affairs of the principal debtor. This action is due to the entry of the result of the lawsuit in the assets of the principal debtor. It also benefits other creditors who have not participated in the action. The comparative study of this institution in the law of Iran, France, and Egypt highlights its abandonment and eventually abrogation of it (article 36 of the Insolvency Code) in Iranian law, which seems critical considering the interests of creditors and the effects of this institution in practice. But French and Egyptian law have been analyzed by jurists, and the French judgmental procedure has been very active in this regard. The purpose of studying the law of these two countries with Iranian law is to identify the conditions, nature, scope, and effects in practice. Additionally, it aims to highlight the weaknesses and strengths of this obsolete institution in Iranian law. This research presents a pathway for the Iranian legislature to revive this institution and predict the related laws in Iranian law. Also, in this research, the difference between oblique action and similar institutions is explained in order to avoid confusion and to avoid the identification of Pauline action and derivative action institutions and in article 418 of the commercial code as examples of oblique action.