The Journal of Critical Analysis of Judicial Decisions

The Journal of Critical Analysis of Judicial Decisions

Eligibility of juveniles in non-financial litigation (Examination of the Unification of Judgments Decision No. 668 of the Supreme Court regarding the eligibility of persons under the age of eighteen to file a lawsuit)

Document Type : A critique of a binding decision of the Cassation Court

Author
shobeir topaebrahimi
Lawyer
10.22034/analysis.2023.2008651.1063
Abstract
Unification of Judgments Decision 7/14/1383-668, Sharia adults under the age of eighteen, who are called juveniles in the law, based on the jurisprudential theory of Tahrir al-Wasila and Article 1210 of the Civil Code (amendment 61) and Unification of Judgments Decision 5/30 10/64, who say that the growth and removal of Protection (Hajr) is necessary only for the financial possessions of Sharia adults and they do not think that simply filing a incapacity action in court and handling it necessarily means the seizure of property. He is considered to have the right to file a lawsuit for the payment of the financial object of judgement. In this article, in the form of judicial procedural criticism, with legal and legal reasons, the aforementioned vote has been opposed in two areas: one is about the base of the vote, which is the non-financial eligibility of juveniles; The other is about the result of the decision, that is the jurisdiction of the lawsuit to withdraw the payment of the financial litigation from the convicted person. In rejecting the basis of the opinion, the common sense and the principle of ineligibility for intercession and the survival of the sign of the growth of 18-year-olds in other laws were discussed, along with another interpretation of Article 1210. And in rejecting the result of the decision, it was mentioned about the indirect Financial state of the incapacity action, the change of ownership in property and financial affairs, the lack of non-financial eligibility with the non-financial litigation, and the non-profitability or non-profitability of incapacity action.
Keywords
unification of judgments decision 668
eligibility of juveniles
maturity
growth
insolvency action
financial and non financial litigation