Third Party Objectionable Judgments
Subject Areas : Civil Law
Ebadollah
Rostami Chalkasari
1
(Associate Professor of Private Law, Department of Law, Institute of Technology and Higher Education, Ahrar University, Rasht, Iran.)
Mahmud
Kohani
2
(Assistant Professor of Private Law, DepartmAssistant Professor of Private Law, Department of Law, Faculty of Humanities, Bandar Anzali International Center, Islamic Azad University, Anzali, Iran.ent of Law, Faculty of Humanities, Bandar Nazli International Center Unit, Islamic Azad University, Anzali, Iran.)
Keywords: Judgment. Verdict. Order. Third party objection,
Abstract :
Principally the issued judgments from trial authorities at principal of relativity must effect merely in relation of the parties of trial and cannot invoke at others than them, but sometimes those judgments defect the third parties of their rights. The legislator for preservation from rights of them has permitted until they object to those judgments as third parties which it is named as "third party objection". There is no unanimity of opinions in the matter of what judgments have the third party objection receptivity? Absoluteness of the legislator's expression includes all of judgments either decree or order issued by court and includes conclusive judgments and on the other hand the proviso the "court" as the issued judgments issuer author, doesn’t include other authors. The right of objection has been recognized to arbitration award and judgments issued by administrative Justice Court, but about other authors haven't been done sufficient and necessary review, thus in this paper we will determine the judgments which the third party can object to them.
Jafari Langroudi, M.J.,(2007), Terminology of Law, vol. 1, Ganj Danesh, Tehran, Third Edition.
Dolah, Abdolsamad,(2004), Third Party Objection in Civil Trials, Judiciary Gostar, Tehran, First
Edition.
Shams Abdollah, Eyin Dadrasi, (2003), Advance Civil, vol. 2, Mizan Publication, Tehran, Third
Edition.
Sadrzadeh Afshar, S.H.,(2000), Madani and Bazargani's Arbitration Procedure, Vol. 2, Majed, Tehran,
5th Edition.
Katosian, N., (1997), Credits of Judgment in Civil Case, Dadgostar Publications, Tehran, 5th Edition.
Matin Daftari, A., (1958), Civil and Commercial Arbitration Procedure, vol. 2, University of Tehran.
Madani, S.J., Madani A.D.,(1977), Madani Trial, vol. 2, former National University Press (Shahid
Beheshti Kanooni).
Mohajeri, A.,(2008), Expanded in Civil Procedure Procedure, Vol. 4, Fekrsazan, Tehran.
Nokandehi, Aziz,(2001), Judicial Interpretation of Civil Procedure Procedure, Daneshnegar, Tehran.