نوع مقاله : نقد رای وحدت رویه
نویسنده
گروه حقوق خصوصی و اسلامی، دانشکده حقوق و علوم سیاسی، دانشگاه تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The answer to the question in which cases the judgment should be overruled depends on the correct understanding of the legal system and the functioning of the procedural rules of each country. In our laws, the rules of procedure have provided ways to attack conter the decision, which are open to the beneficiaries. But the most important thing is whether every judgment should be annule? The General Assembly of the Supreme Court in its decision No. 1079, which has been issued for 65 years, provides general rules and specific examples to enumerate cases of annulation of a judgment by virtue of law. The value of this judgment, in addition to counting examples, is a warning to the judicial system for annulating the judgment for unimportant reasons or harmless errors; delays and density of lawsuits and waste of social and judicial capital.
The present article deals with the important aspects of the Unanimity Resolution No. 1079 and hopes that by studying its aspects, an important step will be taken in better understanding the legal system.
کلیدواژهها [English]
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