The Journal of Critical Analysis of Judicial Decisions

The Journal of Critical Analysis of Judicial Decisions

A Semantic Review of "the Third Party" in Third Party Opposition against the Court Judgment with a View to the Judgment Unification Decision No. 831 of the Court of Cassation of Iran

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

Author
Majid Ghamami
Faculty of Law and Political Science of the University of Tehran
10.22034/analysis.2023.2008657.1065
Abstract
The principle of privity of the court judgment together with the principle of Res Judicata would not bar the beneficiary of the court judgment to invoke the content thereof against third parties to take advantage of the legal situation conferred to him by the judgment. Anyhow, if the judgment prejudices a third party right the "third party opposition appeal" is available for the aggrieved third party. The important point of this way of appeal is to understand the exact meaning of "third party" when speaking of such way. The importance of the issue is much more when such third party is trying to challenge a judgment issued by a court of appeal setting aside the fist instance court's judgment in a lawsuit of first instance in which the third party appellate were involved. This situation received different approach among the different branches of the courts of appeal in Bushehr Province which amounted to issuance of a Judgment Unification Decision from the Court of Cassation of Iran. I try to justify the premises of this decision in following note.
Keywords
third party
third party opposition
transitory effect of appeal
third party interest