Time of Creation of Trial relationship and it’s Effects in Iranian and French Law

The main question in this article is that rendering a petition to court is the absolute cause of creating the relationship of the problematic issues that positive Iranian Law, including art. 48 of Civil Procedure Act have no answer to it. French jurisprudence has tried to conciliate the divergent regulations regarding to assignment of petition to defendant and registration of petition in bureau of court. One of theory that suggested by French doctrine and consequently entered into its jurisprudence is separation of substantial and procedural effects of creation of trial relationship. One of the important outputs of this article is a theory upon it the substantial effects of creation of trial relationship are emerged upon the assignment of the petition, but procedural effects of it postponed to registration of petition in bureau of the court. There are arguments that emerge hesitations about the creation of trial relationship by the registration of petition, in the court.