The Journal of Critical Analysis of Judicial Decisions

The Journal of Critical Analysis of Judicial Decisions

Unilateral Waiver of an Objection to a Civil Judgment, A Critique and Review of Binding Precedent No. 819, Rendered by the General Board of the Supreme Court

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

Authors
Behnam shekoohi mashhadi 1
Mehdi shekoohi mashhadi 2
1 PhD student, Faculty of Law and Judicial Science, University of Tehran
2 PhD student, Faculty of Law and Judicial Science, Azad University, Karaj Branch
10.22034/analysis.2024.2006913.1027
Abstract
Depending on the circumstances, there may be one or more ways to object to a judgment. Objection to a judgment is among the rights that can be waived. Accordingly, in Article 333 of the Civil Procedure Act the legislator has mentioned the written and agreed waiver of the right to appeal, and also in paragraph 4 of Article 369, the parties' waiver of the right to appeal. In the above-mentioned Act, there is no clarity in regard to unilateral or implied waiver of the objection. This very issue, in addition to giving rise to differences of opinion among authors on the subject, has also led to differences of opinion in court precedent. It should be added that some courts only accept written and agreed waivers, while others have also accepted implied waivers, and still a third group have not given effect to any express or implied waivers at all. Upon rendering the decision which is the subject of this article (Binding Precedent No. 819, rendered by the General Board of the Supreme Court), of which we approve, these disputes were to a large extent resolved since, in addition to accepting the principle of waiver of the right to object, unilateral waiver can also be considered as valid; However, regarding some cases, including implied waiver of the right to object and waiver of the method of objection itself, due to their not having been specified, there is still room for disagreement, and issue that is also discussed in this article.
Keywords
waiver of the right to object
implied and express waiver
normal and extraordinary methods
personal procedural rights
The Journal of Critical Analysis of Judicial Decisions
Volume 3, Issue 5 - Serial Number 5
September 2024
Pages 135-162