Chapter Fourth: Original Claim and Incidental Claims

Article 28

Claims are divided into two categories: 1- Principal claims with which proceedings are commenced. 2- Incidental claims presented during the proceedings.

Article 29

1. The urgent request submitted by the plaintiff is called an additional request. 2. The urgent request submitted by the defendant against the plaintiff is called a counterclaim. 3. The request submitted by a third party against one of the litigants to a third party outside the dispute is called an intervention. 4. Any request presented during the trial that does not expand or narrow the subject of the original request is considered one of the trial's urgencies.

Article 30

For acceptance of an incidental claim: 1- It must be connected with the principal claim, meaning that the decision on one would affect the decision on the other, except for a counterclaim for set-off. 2- Its consideration must not exceed the jurisdiction of the court.

Article 31

The plaintiff has the right to submit urgent requests aimed at correcting the original claim, completing it, modifying its subject, or amending its cause.

Article 32

- It is permissible for the defendant to submit urgent requests that meet the conditions of Article 30, and the following requests in particular: 1- A request for setoff. 2- A request for compensation for harm suffered from the original claim or from one of the trial proceedings. 3- Any request aimed at obtaining a benefit other than merely rejecting the requests of his opponent.

Article 33

The plaintiff may, in response to incidental claims presented by the defendant, present incidental claims, provided they arise from the same ground on which the defendant's claims are based.

Article 34

The original claim and the counterclaim shall be adjudicated upon together, unless the court deems, for the sake of justice, that one of them should be adjudicated upon before the other. However, in the case of a request for setoff between two reciprocal and contractual debts, in principle, where one of them is not due or not payable, the judge must establish in a single judgment the principle of setoff and order the necessary measures for the settlement of accounts.

Article 35

1. Each of the parties may submit requests aiming at taking precautionary or provisional measures.

Article 36

1. Intervention by a third party or their joining in the lawsuit is permissible, whereby they become a party to the lawsuit.

Article 37

1. Intervention shall be principal when a third party intervenes in the lawsuit of its own accord to prove or protect its rights against the parties or one of them, requesting a judgment in its favor with a claim that is consistent with the claims of the parties. 2. Intervention shall be accessory when its purpose is to support the claims of one of the parties if responding to them is in the interest of the intervenor.

Article 38

A third party may be brought into the proceedings upon the request of one of the parties for the purpose of joining in the hearing of the judgment. A third party may also be brought in to be judged on claims connected with those of one of the parties, or for guarantee purposes.

Article 39

1. The request for intervention or introduction shall be submitted pursuant to a notice addressed to the concerned parties, including the person to be introduced.

Article 40

1. Intervention or joinder shall be accepted only if the intervenor or the applicant for joinder has a personal and legitimate interest.

Article 41

Amended. Intervention or impleading is permissible at any time during the proceedings, even until their conclusion. It is permissible before the court of first instance and before the court of appeal. Before the Court of Cassation only optional auxiliary intervention is accepted, with regard to the provisions of Articles 6 or 55 of this law

Article 42

The parties and the third party whose intervention is requested must dispute the admissibility of the intervention or joinder in form before discussing the subject matter. The court, in this case, may rule on the request by a separate decision or with the judgment on the merits. If no dispute arises over the admissibility of the intervention or if the court decides to accept it, the intervenor or joinder has the right to request any investigation they deem useful, even if the parties do not request it.

Article 43

If the intervention or impleading is not based on a substantial interest and is intended only to delay the decision of the case, the parties have the right, in addition to their opposition to its acceptance, to request pursuant to Article 10 of this law, judgment in their favor for damages and prejudice.

Article 44

1. The request made in the intervention or joinder may be countered by a counterclaim.

Article 45

The court may, of its own motion, decide to join a third party to the proceedings if it considers that this measure will facilitate the judgment in the original case and lead to the revelation of the truth, and that it will be beneficial for the preservation of the rights of the parties or one of them or the rights of the person to be joined. It is the duty of the court's clerk to notify the third party of the decision to join. The court may order each of the parties to notify the third party of its pleadings and may set a time limit for the latter to respond.

Article 46

A third party may not be impleaded for guarantee before the court hearing the original action in the following cases: 1- If the guarantee suit is outside its functional or material jurisdiction. 2- If there is an agreement between the guarantor and the guaranteed that makes the right to hear the guarantee suit dependent on another competent court

Article 47

A person summoned for a guarantee or who summons another person for his guarantee is also bound by it.

Article 48

It is permissible for the plaintiff who has called a person as a guarantor for him to withdraw from the lawsuit with the consent of the defendants, so that this person may replace him in it. He may return to the lawsuit when he sees an interest for him in doing so. The judgment that is issued is binding on all and on whoever withdraws from the lawsuit.

Article 49

If the guaranteed party withdraws from the proceedings, they do not bear the costs of the suit nor the compensation awarded against the guarantor except in case of insolvency of the latter.

Article 50

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