The Approach of Judicial Procedure in Restoring Proceedings by Adding Persons to the Proceedings

Document Type : Promotional Article

Author
Saeid Shiravani
Ph.D. Student in in Private Law, Islamic Azad University, Shiraz Branch, Shiraz, Iran
10.22034/lc.2026.578291.1752
Abstract
In the Iranian civil procedure system, the correct and complete determination of the litigants is one of the basic conditions for hearing a lawsuit. Defects in this area, whether substantive or formal, can lead to the issuance of an order to dismiss the lawsuit or not to hear the lawsuit. The principle of remedial proceedings, as a general and flexible rule, provides the possibility of correcting these defects through tools such as attracting a third party so that the lawsuit can reach the substantive hearing stage without the need for a retrial. This approach not only prevents the delay of the proceedings and additional costs, but also strengthens public confidence in the judicial system. The present study, focusing on the judicial procedure approach, comprehensively examines the concept, foundations, scope, legal capacities, and conditions for implementing this principle. The research method is descriptive-analytical, and it is suggested that future field research clarify the practical dimensions of this issue.
Keywords
The Principle of Procedural Restoration
Formal Defect
Substantive Defect
Court's Ability

Subjects