Critical Analysis of Retrials Causes in Iran’s Act of Civil Procedure: With Comparative Study in French Law
The retrial is one of the extraordinary methods to complain against decisions whereby the plaintiff demands the issuing court to reverse the final judgment which has been pronounced by the court. If the court accepts the request, the action is reviewed again. Article 426 of Iran’s Act of Civil Proc...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | fas |
| Published: |
Institute for Humanities and Cultural Studies (IHCS)
2018-07-01
|
| Series: | پژوهشنامۀ انتقادی متون و برنامههای علوم انسانی |
| Subjects: | |
| Online Access: | https://criticalstudy.ihcs.ac.ir/article_3309_5697bf6385430330d256d7e58a37dd09.pdf |
| _version_ | 1826878653827383296 |
|---|---|
| author | Ali Abbas Hayati |
| author_facet | Ali Abbas Hayati |
| author_sort | Ali Abbas Hayati |
| collection | DOAJ |
| description | The retrial is one of the extraordinary methods to complain against decisions whereby the plaintiff demands the issuing court to reverse the final judgment which has been pronounced by the court. If the court accepts the request, the action is reviewed again. Article 426 of Iran’s Act of Civil Procedure counted seven causes for rehearing. Critical analyses of these causes show us the drawn foundation for retrial, and it is required first, 1-3 sub-sections of the aforementioned section would be removed, and second two other causes would be added. The first case happens when it is proved that the judgment has been pronounced based on false testimony or witness statement or oath, and second case happens if it is demonstrated before the court that the issuing judge has gone wrong that is effective in being the judgment unjust. |
| first_indexed | 2025-02-17T01:43:05Z |
| format | Article |
| id | doaj.art-37789fb0e5394641bad806ecc71ba052 |
| institution | Directory Open Access Journal |
| issn | 2383-1650 |
| language | fas |
| last_indexed | 2025-02-17T01:43:05Z |
| publishDate | 2018-07-01 |
| publisher | Institute for Humanities and Cultural Studies (IHCS) |
| record_format | Article |
| series | پژوهشنامۀ انتقادی متون و برنامههای علوم انسانی |
| spelling | doaj.art-37789fb0e5394641bad806ecc71ba0522025-01-13T05:30:57ZfasInstitute for Humanities and Cultural Studies (IHCS)پژوهشنامۀ انتقادی متون و برنامههای علوم انسانی2383-16502018-07-011851872063309Critical Analysis of Retrials Causes in Iran’s Act of Civil Procedure: With Comparative Study in French LawAli Abbas Hayati0Assistant Professor, Faculty of Literature and Humanities, Razi UniversityThe retrial is one of the extraordinary methods to complain against decisions whereby the plaintiff demands the issuing court to reverse the final judgment which has been pronounced by the court. If the court accepts the request, the action is reviewed again. Article 426 of Iran’s Act of Civil Procedure counted seven causes for rehearing. Critical analyses of these causes show us the drawn foundation for retrial, and it is required first, 1-3 sub-sections of the aforementioned section would be removed, and second two other causes would be added. The first case happens when it is proved that the judgment has been pronounced based on false testimony or witness statement or oath, and second case happens if it is demonstrated before the court that the issuing judge has gone wrong that is effective in being the judgment unjust.https://criticalstudy.ihcs.ac.ir/article_3309_5697bf6385430330d256d7e58a37dd09.pdfretrialrehearing’s causesjudgmentfinal judgmentreversing a judgment |
| spellingShingle | Ali Abbas Hayati Critical Analysis of Retrials Causes in Iran’s Act of Civil Procedure: With Comparative Study in French Law پژوهشنامۀ انتقادی متون و برنامههای علوم انسانی retrial rehearing’s causes judgment final judgment reversing a judgment |
| title | Critical Analysis of Retrials Causes in Iran’s Act of Civil Procedure: With Comparative Study in French Law |
| title_full | Critical Analysis of Retrials Causes in Iran’s Act of Civil Procedure: With Comparative Study in French Law |
| title_fullStr | Critical Analysis of Retrials Causes in Iran’s Act of Civil Procedure: With Comparative Study in French Law |
| title_full_unstemmed | Critical Analysis of Retrials Causes in Iran’s Act of Civil Procedure: With Comparative Study in French Law |
| title_short | Critical Analysis of Retrials Causes in Iran’s Act of Civil Procedure: With Comparative Study in French Law |
| title_sort | critical analysis of retrials causes in iran s act of civil procedure with comparative study in french law |
| topic | retrial rehearing’s causes judgment final judgment reversing a judgment |
| url | https://criticalstudy.ihcs.ac.ir/article_3309_5697bf6385430330d256d7e58a37dd09.pdf |
| work_keys_str_mv | AT aliabbashayati criticalanalysisofretrialscausesiniransactofcivilprocedurewithcomparativestudyinfrenchlaw |