The Scope of Substantial Defense in Civil Procedural Law

Plaintiff In civil litigation from the beginning which deals with petition to the end of litigation which the judge sets out a verdict، to reach his wasted or denied right and to stabilize it، should comply with rules of proceeding and state matter of fact and matters of law and prove the claim. Therefor he must propose four issues and prove them to reach the relief sought: 1. Formal rules of procedure 2. Matter of fact 3. Evidence 4. Matter of law. The defendant defends، against the four issues mentioned، to prevent formation of proceeding and rebut the plaintiff’s claim to prevent a conviction on the subject of the claim. Generally response of defendant divides to procedural and substantive defenses. Therefore it’s necessary to analyze the scope of defenses and especially substantive defenses which are this paper’s subject. Considering the issues mentioned، different method and grounds of defense، it could be said that substantive defense which occurs after entering into merit of the litigation، consists of defense against matters of law and fact and evidences.