EFFECT OF REHEARING AND OBJECTION TO JUDGMENT BY A THIRD PARTY ON EXECUTION OF JUDGMENT

Author

Assistant Professor of law Faculty of Qom University in Private law

Abstract

Civil procedure code in articles 424 and 437 has laid down deferent
effects for rehearing and objection to judgment by a third party about
execution of judgment. On base of these articles effect of rehearing is
stronger, so with rendering of writ of acceptance of rehearing, execution of
judgment stops, except about condemnation connected with property, when
obtaining of security with compensation is possible. In this case, execution
of judgment continues with obtaining of security from winning party. But,
objection to judgment, by a third party dose not suspend execution of
judgment, unless compensation of execution of judgment is impossible. In
this case, with obtaining of security from losing party, execution of judgment
suspends for a certain period of time. Aggravation of rehearing's effect is for
rendering of writ of acceptance of rehearing that strengthens probability of
overturning of judgment.

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