THE PROBLEM OF FINALIZATION OF JUDGMENTS IN IRANIAN JUDICIAL SYSTEM

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HORMOZI KH.

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Journal: LAW & POLITICS RESEARCH JOURNAL Year:2008 | Volume:10 | Issue:24 Page(s): 251-286

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Title

THE PROBLEM OF FINALIZATION OF JUDGMENTS IN IRANIAN JUDICIAL SYSTEM

Author(s)

HORMOZI KH. | Issue Writer Certificate

Keywords

JUDICIAL SYSTEMQ2

HIGH CORT OF CASSETIONQ3

GENERAL COURTSQ3

Abstract

After the Islamic Revolution, one of the acts which was subject to most reformations was the Civil Procedure Act. One time judgments of the courts of first instance were considered as final and the appeal procedure was eliminated and at a later time, the High Court of Cassetion was declared as the appeal court and the appeals were accepted in these courts with some limitations. Again and by the pass of time the GENERAL COURTS were established and judgment about all claims was included in their jurisdiction and ----Finally the Civil Procedure Act was approved in-------and the judiciary system became relatively well ordered. In the Civil Procedure Act dated ------there were some provisions about the judge's mistake incorporated in articles 326 to 329 of the Act. Although these articles were inconsistent with the Adjudicatory Principles and debarred the finalization of judgments and so have been criticized by many lawyers from the time of their enactment, but they were not repealed by the new Act. So the very same articles made difficulties in the judiciary system and finally the legislator repealed them by Sec 2 of the Art 18 of the Act Reforming of the Act of Establishment of the General and Revolutionary Courts. But according to same provision of the same law some branches with the name Assessment Branches were established at the High Court of Cassetion. Although these courts were part of the High Court of Cassetion but they were actually the courts of new trial from both appeal and first instance judgments. Establishment of these courts and their procedure were highly criticized from the beginning and because of these critiques by Act Amending Article 18 of the Act of Establishment of the General and Revolutionary Courts and by special powers of the Head of the Judiciary this procedure was repealed too and another procedure replaced it but the new procedure itself is in contradiction with judiciary principles. All the aforementioned legislations, tried to eliminate the supervisory function of the High Court of Cassetion and each of these laws in its own way affected this supervisory function. So in this article we first examine the rational behind the establishment of the High Comt of Cassetion and then criticize article 18 in its reformed version and its bylaw which gives special powers to Special Judiciary Supervision Area.

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APA: Copy

HORMOZI, KH.. (2008). THE PROBLEM OF FINALIZATION OF JUDGMENTS IN IRANIAN JUDICIAL SYSTEM. LAW & POLITICS RESEARCH JOURNAL, 10(24), 251-286. SID. https://sid.ir/paper/98113/en

Vancouver: Copy

HORMOZI KH.. THE PROBLEM OF FINALIZATION OF JUDGMENTS IN IRANIAN JUDICIAL SYSTEM. LAW & POLITICS RESEARCH JOURNAL[Internet]. 2008;10(24):251-286. Available from: https://sid.ir/paper/98113/en

IEEE: Copy

KH. HORMOZI, “THE PROBLEM OF FINALIZATION OF JUDGMENTS IN IRANIAN JUDICIAL SYSTEM,” LAW & POLITICS RESEARCH JOURNAL, vol. 10, no. 24, pp. 251–286, 2008, [Online]. Available: https://sid.ir/paper/98113/en

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