Dismissal of the Right to Object the Civil Judgment

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Hasanzadeh Mahdi

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Journal Paper

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Journal: Private Law Year:2023 | Volume:20 | Issue:1 Page(s): 45-58

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Information Journal Paper

Title

Dismissal of the Right to Object the Civil Judgment

Author(s)

Hasanzadeh Mahdi | Issue Writer Certificate

Keywords

Dismissal of the right to appeal

Appeal

Appeal to the Supreme Court

Retrial

Abstract

The Code of Civil Procedure has stated the waiver of the right of Appeal (Article 333) and the waiver of the right of Appeal to the Supreme Court (paragraph 4 of Article 369), but has remained silent on the possibility of dismissal of the protest and third party objection. The necessity, form and nature of the agreement on the Appeal/fa?page=1&sort=1&ftyp=all&fgrp=all&fyrs=all" target="_blank">Dismissal of the right to Appeal as well as the time and scope of the dismissal of the Appeal are among the issues that need to be analyzed and examined. The investigation of the case shows that the right to protest and Retrial should also be considered dismissible, unless the defendant requests a Retrial on the basis of fraud or forgery of the document which the judgment is based.. However, the waiver of the right of third party to object is not acceptable, because it entails the abolition of the fundamental right to sue. Dismissal of the complaint, except in the protest, must be agreed upon by the parties and in any case in writing, and it is not necessary that the agreement be in the form of a civil contract.

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