عنوان مقاله [English]
La Fin De Non-Recevoir in the Law of Iran and France
Abdollah Shams (Professor of Law, Shahid Beheshti University)
Mostafa kordzangene(Ph.D Candidate of Law, Shahid Beheshti University )
“La fin de non –recevoir” is an institution that has been predicted as a defense against a litigant in the law of Iran and France. This institution works as a the guarantee for not having the right of litigation or the lack of action, which is addressed in details in France’s civil procedure. However, there are only a few regulations about this institution in Iran’s civil procedure. But recognizing the La fin de non-recevoir as an instrument that can be effective in settling the problems based on its principles and contents, shows that most of the lawsuits and cases are not enforceable and must be ended by a conclusive decision at the beginning. Therefore the recognition of this institution in France dynamic legal system and also comparative analysis of Iran’s legal system in this matter and consideration of both countries’ legal procedure have been studied in this article.