Persons Authorized for Court Decision Appeal

نویسندگان

چکیده

The study aims to give equal time the issue provided by Civil Procedure Code - person’s access one of legal mechanism prerequisites- not review party’s claim without any complaint (appeal, cassation, private complaints). This, therefore, is linked subjects determination appeal court's decision. (Code Procedure, Article 364, 391 first part, second part 414) refers circle persons having right court Such include parties and third with an independent request. In practice, this problem arose concerning such who do belong above mentioned list are: a) may participate at capacity in a particular dispute (the contested decision particular, or that general), however, directly affected their rights; b) be submitted Independent, which also are undoubtedly interested outcome. This resulted dissension among scientists, as well different practice. However, recent years, judicial tried solving problem. From Supreme Court's instance states it turns out Court Appeal Cassation has substantially challenged Nevertheless, its judgments clearly did reply question whether request have appeal. analysis provides basis for admission practice reasonable doubt. It above-mentioned against decisions, what extent and, operative these interests. Thus, present confirmed relevance issues scientific practical arena arising divergence. task, posed rate civil procedural law on other hand, originated based needs require specific ways. aimed preventing undue restrictions concerned unlawful rejection course.

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ژورنال

عنوان ژورنال: European Scientific Journal, ESJ

سال: 2023

ISSN: ['1857-7431', '1857-7881']

DOI: https://doi.org/10.19044/esj.2023.v19n17p1