vindication have been presented, which are mainly considered as some significant tools for the defendant and, by their assistance, the verdict may be issued in his/her favor. However, none of the concepts mentioned in the Civil Procedure Law have not been well defined and separated from each other. In one comparative survey with jurisprudence in France and Arab countries, it was distinguished that obstacles of trial from the separated objections in cases which, because of the existence of the obstacle, the claim basically is not actionable, issuing the order of not auditing the claim has been predicted and proposed. Sometimes, because of the existence of the trial obstacle, there would be no need for the defense of the defendant in the nature of a claim and issuance of the abatement of action. Therefore, it is better that the legislator separates this way of defense in the law of our country as a method of defending the objections in order to reduce the number of the propounded claims to the courts predominantly.










Conceptual



* Corresponding Author 's Email: hamid.derakhshannia@yahoo.com