The Journal of Critical Analysis of Judicial Decisions

The Journal of Critical Analysis of Judicial Decisions

Dispute,the subject of the proceeding ( The Critique and analysis of the Binding precedent No.719,Rendered by the General Board of the supreme court)

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

Author
Shahab Kiayee
Never
10.22034/analysis.2023.2006586.1024
Abstract
Due to the unsustainable of the concept of litigation in civil proceedings,a complete definition of civil litigation and its constituent elements has not been provided .Nowadys,the subject of civil proceedings is nothing but the dispute of the parties to the proceedings and the dispute can be based on the quarrel of the parties or not.as a result,the dispute does not mean that the parties do not agree on a single subject and in fact,it means an in rights uncertaninty which terminaite the by intervention of the court.As a result,it is possible in some cases the parties agree on a single subject but there may be dispute in some conditions or on the contrary,it is possible do not agree on the dispute subject of,but with the intervention of a judge in an absentee and judicial end their situation uncertainty of right.

Keywords
dispute
litigation
the subject of the proceeding
judicial proceeding