End of the conflict between rejection and acceptance in codes of civil procedure (A comparative study)

Abstract

Dispute termination proceedings is a case where a person claims that he has a right before another outside the Judicial Council and raises the allegations in a serious manner that affects the status of that other person and harms him. The other person sues the former to demand that he prove what he claims. A right that he has to claim and that this judgment has the authority to do the thing.This case has been accepted and rejected in the legislation, jurisprudence and judiciary in the procedural legal system on the assumption that it contravenes the principle of freedom of recourse to the judiciary, as well as the volatility of the burden of proof, and the lack of an extension of the requirement of interest that justifies acceptance.As the plaintiff is not forced to bring the case, and because the lawsuit the right of the owner may not be forced to use them, and because he may find that the time is not appropriate or that he did not prepare sufficient evidence to prove it. However, there are those who support it, arguing that the acceptance of this suit is in line with the principles of justice and natural law, as well as the absence of any impediment to its acceptance in the principles of law.The purpose of this action is to commit a person who claims to have a right to a third party outside the court, provided that the basis of the claim is proved, and the ruling that he is not entitled to what he claims, and nullifies that claim. It is only natural that the person who makes the case in this case is the one who is appealing the case against him.In this study, we will demonstrate the usefulness of the dispute between acceptance and rejection proceeding from a statement of its terms, judgments, acceptances and applications.