The Journal of Critical Analysis of Judicial Decisions

The Journal of Critical Analysis of Judicial Decisions

Revisiting the Unification of Judgments Decision of Supreme Court No. 1079 dated 30/3/1337 An attempt to recall the cases of annulment of judgments in Iran legal system

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

Author
Hassan Mohseni
Department of Private Law, Faculty of Law & Political Science, University of Tehran
10.22034/analysis.2023.2007710.1042
Abstract
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.
Keywords
General Principles
harmless errors
delays
social and judicial capital