Policymaking of Iran's legal system in appealing civil judicial decisionsPolicymaking of Iran's legal system in appealing civil judicial decisions

Document Type : Research Paper

Authors

1 University of Tehran

2 Department of Private and Islamic Law , Faculty of Law and Political Science, University of Tehran

3 Law Department,, University of Tehran, Alborz Campus

10.22099/jls.2024.49270.5103

Abstract

Among the methods of objecting to civil judicial decisions, the recourse of 'appeal' stands as the most commonly employed method. This method is mentioned in articles 326 to 365 of the civil procedure law and specifically in some laws, and also the subject of numerous Unification Judgments. Despite a multitude of discussions surrounding the appeal, it is imperative to contemplate the underlying goals and policies that underpin it. This article aims to provide an elucidation by employing an analytical and descriptive approach. Primarily, it delves into the historical context of appealing civil judgments within Iranian law, deconstructs the fundamental philosophy guiding it, and examines the various factors that contribute to its implementation, and then it evaluates legal policy making, which include legislative policy and judicial policies. The result of these evaluations, illustrating an interconnected network of policies associated with the appeal, and judicial policy-making moves goes along with legislative policy-making.

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Journal of Legal Studies

Articles in Press, Accepted Manuscript
Available Online from 25 April 2024

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