Waiver of the Right to Appeal in Civil Proceedings

Document Type : Research Paper

Authors

1 Department of Private and Islamic Law, Shiraz University, Shiraz, Iran

2 Ph.D. Student at Private Law, Shiraz University

10.22099/jls.2024.49634.5126

Abstract

The right to appeal is one of the procedural rights of litigants in civil proceedings, which may be waived through the agreement of the parties according to the Civil Procedure Code. The aforementioned law only mentions the possibility of a written agreement between the parties on withdrawing the right to appeal and is silent about other conditions and features. In this article, a proper link has been established between procedural and substantive legal rules and the issues related to withdrawal of the right to appeal have been analyzed considering both categories of effective legal rules. Unilateral or consensual waiver of the right to appeal is a formal legal act that must be realized explicitly and in writing. The allowed time regarding the agreement on waiver of the right to appeal may be considered from the time of the dispute appearance until the expiry of the appeal deadline, while the possibility of agreeing on the waiver of the right in contractual relations as a condition before the dispute appearance is doubtful and seems to be admissible. The waiver of the right to appeal by legal or judicial guardian or by attorney is respectively subject to compliance with the interests of the principal, the approval of the public prosecutor, and the specification of the aforesaid authority in the power of attorney. Withdrawal of the unilateral or bilateral waiver of the right to appeal by subsequent will of the beneficiary or litigants will be only possible until the first instance judgment is issued.

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Journal of Legal Studies

Articles in Press, Accepted Manuscript
Available Online from 03 June 2024

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