نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه حقوق دانشگاه شهید چمران اهواز
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Defendant can use the whole of defense styles to defend versus claim of plaintiff. After issuance of the ultimate judgment in favor of the plaintiff, defendant cannot allege new action according to Supreme Court decision as a unified judicial precedent, number 3746 in Octpber 26, 1959, to escape judgment consequences. In case of issuance of ultimate judgment in respect to correlated actions, hearing or other collated claim includes res judicata. Regarding that judgment consists of different materials, overgeneralization is not correct about whether justified reasons of judgment have res judicata or not. Matters of law and evidence of the parties don’t have res judicata, but cause of action of plaintiff has res judicata whether judgment issued in his favor or in his loss. It is not possible to bring the action for annulment of document to juridical act (cause of former action) which official document is regulated according to that. However, it is possible to bring the action for annulment of document for the registered deed itself to judicial act because of not having res judicata.
کلیدواژهها [English]
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