نوع مقاله : نقد رای دادگاه تجدیدنظر
عنوان مقاله English
نویسنده English
The most important feature of a judgment is that it be well-founded on the law and well-argued. This cannot be achieved except by a detailed analysis of the case, and also all aspects of the judicial case must be considered and then carefully aligned with the relevant legal provisions. This research examines a civil judgment using a descriptive-analytical method. What is clear in the judgment rendered by the first instant court is that it issued a judgment relying upon the defendant's employment several years after the marriage and based on the prints and minutes of the prosecutor, which confirmed his action indicates behavior beneath his dignity. However, in the judgment rendered by the appellate court, the judgment rendered by the first instant court was reversed based solely on the unconditional use of the word employment as contained in Article 28 of the Constitution and part of a fatwa issued by Imam Khomeini(RA), and without a detailed analysis of the case, the legal grounds, and the arguments presente. It is suggested that the honorable judges should, if necessary, rely on the principles of the Constitution merely as an introduction to a judgment and to clarify and deal with the details of the case, and then, as a general rule, they must render a judgment, relying on statutes. Since mere reliance on the Constitution is the same as making a judgment in general terms which is not consistent with legislative and judicial goals. In addition, all aspects of the case should be discussed and examined in detail.
کلیدواژهها English