the change of mode of claim

Article 98 of civil procedur of Iran has allowed to claimant to change the mode of claim, before the end of first sitting of court. Lawyers and writers of civil procedure have cosidered no more to the concept of change mode of claim and its procedure. Also law pointed out to change mode of claim ambiguously and didn’t explain what is the change mode of claim and how is its procedure. The judicial precedent didn’t fill this gap and didn’t get clear precedent for change mode of claim. This study determins change mode of claim and its procedure, through comparative study of legal system of France and Iran. For this purpose, we first study the change mode of claim briefly, second check out the component of claim(action), then we consider to concept of change mode of claim and compare it with parallel cases, and afterwards we will study the procedure of change mode of claim, and finally the coclusion of research will mentioned briefly.