چکیده:
Transfer of action means that the right of action and continuation of the course of trial is transferred from one person to another one and the transferee becomes the transferor's subrogee. Just unlike the transfer of action with transfer of right in which the action is transferred to the third party as a result of transferring the object of the action and the transferee becomes the transferor's subrogee in all rights and duties, in transfer of action without transfer of right, the right of action position is transferred to the transferee, but the object of the action is not transferred. This transfer is called the incomplete transfer of action or transfer of position. In our law, transfer of action with transfer of right has been accepted, and the rules have implications in this area, but transfer of action without transfer of right is not accepted unless prescribed by law. The incomplete transfer of action has its roots in some rules. The transferee becomes the transferor's subrogee in all rights and duties except in the ownership right on the subject matter of the action. Like the owner, he should pay costs of proceeding, expert’s wage etc. Like the proper party, he has the authority to make any decision to filing suit and continuation of the course of trial or dispense from action.
خلاصه ماشینی:
Regardless of the fact that holders of standing differ from the transferee of litigation in terms of methods of acquiring standing and appointment, the cause of acquiring standing and methods of cessation, power, authority, stability, and duration of standing, all the aforementioned persons who (as the case may be) represent the principal, the incapacitated, or the estate of the deceased (legally, judicially, or voluntarily) in a lawsuit for or against them (Article 52 of the Civil Procedure Code), are not the owners of the subject matter, have no interest in the claim, and are not obligated to pay litigation costs from their own assets.
C) By carefully examining the laws that refer to the subject of transferring litigation (Article 105 of the Civil Procedure Code and Articles 42-44 of the Commercial Code), it appears that whenever the property subject to the litigation, or in other words, the claim of the lawsuit, is transferred to a third party, the lawsuit is not transferred; because with the transfer of the original right, the benefit and the standing of the transferor in the litigation are transferred to the transferee.
D) The plaintiff must have an interest in the lawsuit (Article 2 and Clause 10 of Article 84 of the Civil Procedure Code), and the transferee of the standing in the lawsuit is not an interested party, or in other words, is not the owner of the subject matter.
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