Examining subordinate appeal in Iranian law and comparing to French law

Abstract

In articles 413 to 417 of the Civil Procedure Law, the legislator has proposed the subordinate appeal, which has some ambiguities in its criteria, meaning and content. A subordinate appeal gives the appellant the opportunity to request an appeal hearing while responding to the main appeal petition, regarding a part of the judgment complained about appeal, which he considers to be harmful to his rights or against the law and Sharia. This research has been conducted in analytical-descriptive method using library tools and its purpose is practical. The findings of the research show that there are many ambiguities for the experts regarding the subordinate appeal, according to the summary of the subject, and in this article, an attempt is made to extract the shortcomings and ambiguities regarding the subordinate appeal, and according to the opinion of the legal doctrine, the judicial procedure and by relying on jurisprudential and principled sources, those ambiguities should be resolved and a new plan should be presented in this regard.