A comparative study of direct action in Iranian, Egyptian and French law with a focus on Iranian law

Abstract

Direct action is one of the grounds that legislators protect creditor rights. Following the 2016 amendments to the French Civil Code, direct action, which had long been accepted in French law, was specified in the Civil Code. Direct action does not have a clear legal status in Iranian law, but it has been analyzed by jurists in Egyptian and French law. The purpose of a comparative study of direct action in the first place is to clarify its theoretical aspect in Iranian law to be considered in the amendments to the Iranian Civil Code. Secondly, the practical aspect of this legal institution, as mentioned in Egyptian law, is important. Because the direct-action mechanism can reduce the prolongation of the trial and, consequently, reduce the volume of litigation. Under Iranian law, as in Egyptian and French law, the practical aspect of direct action can be provided by anticipating this legal institution in a lease, tax evasion lawsuits, alimony lawsuits, and other cases that are challenging for the judiciary. This will be an effective shortcut for both the beneficiary and the judiciary.