Feasibility of Describing the Primary Judgment in The Appeals Court: Judgment in Unknown Type to Verdict Or order

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

Mozafari Mostafa; Zargari Jamshid

Educational Videos and Scientific Workshops

Scientific Information Database

ISSN: 2588-4824

Journal Paper

Paper Information

Journal: Legal Research Year:2024 | Volume: | Issue: Page(s): 221-237

Download Full-Text

Persian Verion

View:

Download:

Cites:

Information Journal Paper

Title

Feasibility of Describing the Primary Judgment in The Appeals Court: Judgment in Unknown Type to Verdict Or order

Author(s)

Mozafari Mostafa | Zargari Jamshid | Issue Writer Certificate

Keywords

Description of the type of a decisionQ4

correcting of the decisionQ4

unknown type judicial decisionQ4

Abstract

The title selected by a judge for its final decision is one of the crucial elements in judicial proceedings and based on law, it may be judgment or writ. Although there exists a legal standard for choosing a judicial decision's title, the jurisprudences of Iranian courts illustrate that the mistake and negligence in selecting the type of judicial decision are probable. It is impossible that the judge himself can vary the decision's type after issuing it because such a change leads to modifying the basics of the decision that it was banned by regulations. Given that any type of judicial decision has special effects on proceedings and rights of members of action and its type remains unknown can violate their rights, it is necessary that the appellate court interfere to correct its type in respect of the jurisdiction of corrective proceedings. By using a way descriptive-analytical manner and with library resources and jurisprudences, firstly, it was investigated the theoretical basics and the source jurisdiction of the appeal courts in describing the type of judicial decision and its legal standard. Secondly, we researched the feasibility study of describing the type of unknown type decisions to judgment or writ in this paper. To conclude, the article showed that the appeal courts do not have permission to describe the type of unknown type judicial decisions for protecting the rights of persons and the proper implementation of the current regulations. However. it is presented several suggestions for amending civil procedural law.

Cites

No record.

References

No record.

Cite

Related Journal Papers

No record.

Related Seminar Papers

No record.

Related Plans

No record.

Recommended Workshops

Download

Move to top

وبگردی