Appeal and appeal to the supreme court of marriage termination decisions; Failures and solutions

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Shokri Mohammad

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Journal Paper

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Journal: Private Law Year:2022 | Volume:19 | Issue:2 Page(s): 415-426

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Title

Appeal and appeal to the supreme court of marriage termination decisions; Failures and solutions

Author(s)

Shokri Mohammad | Issue Writer Certificate

Keywords

Appeal

Appeal to the Supreme Court

Marriage

termination of marriage

Abstract

The possibility of Appeal and appellate supervision is one of the important and decisive cases in the fate of lawsuits, including family lawsuits, related to the termination of Marriage. these decisions include decree of divorce, obligation to divorce, annulment of Marriage contract, annulment of Marriage and decisions on the subject of the expiration or forgiveness period of the temporary Marriage. the decree of divorce, in the general concept of the principle of divorce, includes the obligation to divorce and other cases. the wording of the Civil Procedure Law regarding the Appeal of divorce creates ambiguity in the ability to Appeal judgments other than the principle of divorce. the result of this ambiguity is the creation of differences in the procedure of the courts and the response to that is the issuance of a supreme court decision (as a unified judicial precedent). It was based on the generalization of the aforementioned law to all divorce cases. in the family protection law, the decision to compel divorce is sometimes called a divorce decree. family support law approved after the supreme court decision as a unified judicial precedent regarding the certificate of impossibility of compromise, it creates a concept inconsistent with the judgment of the court and the possibility of appellate supervision from certificate of the impossibility of compromise faces doubts and decisions contrary to the decision of the Supreme Court as a single judicial record have some kind of legal support. according to the concept of the relevant articles, the certificate of impossibility of compromise can be Appeal, but it is non-impossibility to appellate supervision. the decree of void and termination of Marriage can be Appealed due to the financial nature and if it is related to their substance, it can be Appealed to the supreme court.

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