چکیده :

In a supposition that the lawsuit of plaintiff fails, the defendant may have undergone some costs in order to win the lawsuit; these costs include honorarium, expert wage, procedural fee etc. which had been caused by the plaintiff act to bring the lawsuit. According to the appearance of the article 515 of the civil procedure code ratified in 2000, the defendant, in order to demand the proceedings fee, has to prove that the plaintiff started the lawsuit while he or she already knew that “they are not right” and “they did it intentionally”. This article has avoided this appearance regarding the rule of causality, the rule of no-damage, the prohibition of misusing the right of complaining against injustice (article 40 of the constitution), and impossibility of proving the knowledge and intention of the plaintiff as a mental and spiritual element. Therefore, this paper suppose that bringing a lawsuit and consequently facing a failure according to the similarity assumption of the sentence to the reality, the plaintiff deed is considered as the violation of the right and the presumption of guilt and by unity of criterion of the article 116 of the Law of the Sea, bringing a lawsuit, by the plaintiff, which is possible to occur damage to the defendant, is considered as an intentional statement and exempt the defendant from proving the condition of the knowledge and intention of the plaintiff.

کلید واژگان :

Proceedings fee, causality relation, guilt, knowledge and intention, mental and spiritual element, violation of right.



ارزش ریالی : 300000 ریال
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