Analysis of the Sanction of the Respite of the Exceptions of Proceedings

Civil Procedure Code has announced in article 87 that the respite of the exceptions of litigation is until the end of the first hearing session and in article 90 it has laid down that the sanction of this respite according to which that the judge is not bound to investigate the exception separately from merits of the case. Expression of this article needs to be reviewed with regard to the investigation of the exception separately from merits of the case. Not bounding the court in this regard and the situation of the exceptions that arise after the hearing session, and the sanction that is laid down in article 90 C.P.C. can be criticized with regard to the fact that the rules of exceptions are imperative and it is illogical to delay the investigation of the exception. Examination of the subject demonstrates that the sanction that is laid down in this article is not effective despite its serious appearance , and in such cases, the legislator should use the proper and effective execution guarantees, such as civil penalties.