Rights and obligations of the parties at the first hearing in Iranian law and compliance with French legal system

Abstract

The first hearing is a sessionin which parties bring their arguments in the trial of judge's view for the first time as claim and defense, considering the availability of legal grounds for inquiry the cases. The first hearing has advantages for the parties that the other sessions have no this feature.In this session,legislator has appointed rights and obligations for the parties that the lack of exercising the rightscauses the lossof them, and lack of implementing the required duties sometimes causesquashing the proceedings and sometimes causes the withdrawal of a reason from number of reasons forplaintiff ordefendant.One of the special commands for plaintiff in the first session is to increase theclaimand change it, attack the authenticity of documents and presentthe original documents and so on.Protest against the claimedworth, proposal of objections, proposal of counterclaim etc. are among special commandsfor defendant in the first session.Therefore, the rights and obligations of the parties at the first hearing and the need for public awareness of the rights and duties and their practical application,the important legal effects burdened on them, motivatedthe author to examine this approach in detail, because all acts of the parties manifest in the form of these rights and obligations.However, recognition of the rights and obligations of parties at the first hearing in Iranian law, despite its advantages, is yet viewed from a single angle,and its advantages and disadvantages will not be well-understood, unless the rights and duties are observed from other angles with a comparative discussion,and we examine the strengths and weaknesses of our own law. Since the French lawis the prototype of Civil Procedure Code of Iran,it is more worthy to be compared at the top of this article as the legal system for the comparison.