Criticism of the decision of the appeals court of the province, emphasizing the voluntary transfer of lawsuit

Transfer of litigation means that the right of action and continue the proceedings is transferred from one person to another and transferee becomes successor transferor. The procedural rules do not have a ruling on voluntary transfer, and this has caused different interpretations: some courts do not accept voluntary transfer of lawsuits; After transferring the "subject of the lawsuit" during the proceedings, they issue a "dismissal of the lawsuit" order, considering that the claimant is not interested. Some courts accept the transfer of the lawsuit and consider the transferee as a party to the lawsuit. According to Article 105 of the Code of Civil Procedure on forced transfer and paragraph 6 of Article 84 of the same law and note and Article 42 of the Law on Registration and paragraph 1 of Article 26 of the Law on the Establishment of General and Revolutionary Courts and other scattered legal articles, The principle of Successor, Rules and criteria such as: Benefit, validity of the final decision, adherence to the principle, rule of domination, legal doctrine and some court rulings, especially the rulings of supreme judicial authorities, it seems that "transferring a voluntary lawsuit" is the same as transferring a forced lawsuit in the legal system Iran has been accepted. Accepting the transfer of the lawsuit prevents the delay of the proceedings and the imposition of double litigation costs on the litigants.