Changing a claim and the necessity to get an explanation about the unfulfilled claim (The study and criticizing the claim 9309970907000541, dated Nov., 19th, 2014, Branch 10 of the Supreme Court of Iran)

In trial, there are governing principles that sometimes seek to create balance in the mutual roles of the judge and the parties in the trial, and sometimes seek to manage the parties’ roles in the initiation and conducting the trial, and sometimes include the trial environment in line with ensuring the rights of defense and defense freedom and openness of verdict of the trial. The principle of private initiative, which expresses the right of the parties to start and end the proceedings is one of the rights of the litigants, and it is also one of the duties of the judge to observe. Accordingly, the court must deal with the plaintiff’s claim, even if it has changed, within the framework of legal conditions, so that this principle governing the civil procedure is not violated and justice is executed and hostility is settled. The change of claim, contrary to the supposition that has emerged from the decision of Branch 10 of the Supreme Court should not be confused with the unfulfillment of the claim and the indecisiveness of the lawsuit, which have different effects, judgments and performance guarantee. In this writing, it should be also checked whether the performance guarantee of the indecisiveness of the lawsuit is to get explanation from the plaintiff or its lawyer.