The Journal of Critical Analysis of Judicial Decisions

The Journal of Critical Analysis of Judicial Decisions

The role of relief sought in determining competence (Critique of a Binding Precedent Issued by the Supreme Court No. 670)

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

Author
feyzollah ghaedi
Retired judge, Senior attorney at law, and university lecturer
10.22034/analysis.2024.2007559.1038
Abstract
Abstract
The relief sought of the action is one of the most important issues and one of the three pillars of the action. Based on the principle of dominance of the parties to the determination of the matter of the action and the principle of freedom to choose the form of Relief, the civil judge is subject to the Relief of the action, and cannot interfere in determining the Relief. Determining the competence of the court in any action, although it is a matter of judgment and at the disposal of the judge, but according to the rule "the jurisdiction of the court is subordinate to the Relief" the judge must determine the jurisdiction of the court within the framework of the Relief of the petitioner. This issue is well reflected in a Binding Precedent Issued by the General Board of the Supreme Court No. 670, under the phrase "The court will consider the claim only according to the way the plaintiff considers Relief". But only paying attention to the petitioner's relief, in determining the competence, can led to problems in the proceedings. The said vote has positive and negative points that are studied in this article.
Keywords
The relief sought
thematic aspects
freedom of choice of relief
recognition of jurisdiction
criteria of the court's jurisdiction
description of the litigation