The legislator has not an explicit view about revision to judgments based on definitive oath. This point has caused disagreement between judges and lawyers. Such disagreement may be entitled the losing party to petition in revision court in one case and deprive other losing party from it in similar case. In addition, the lawyers doubt in basis of rule in article 369 of civil procedure code based on impossibility of appeal from judgments based on definitive oath, and they couldn’t justify this rule. There is such doubt in judicial votes even in votes of branches of the Supreme Court. This research studies the subject in Islamic jurisprudence and analyzes it in case law. This article proves revision to such judgments is incontrovertible right for losing party and the rule of article 369 is justifiable by reason basics.
Hasanzadeh, M., & Hosseini Baharanchi, M. S. (2014). Make objection to judgments based on definitive oath in revision and appeal. Law Quarterly, 44(2), 175-186. doi: 10.22059/jlq.2014.51861
MLA
Mahdi Hasanzadeh; Maliheh Sadat Hosseini Baharanchi. "Make objection to judgments based on definitive oath in revision and appeal". Law Quarterly, 44, 2, 2014, 175-186. doi: 10.22059/jlq.2014.51861
HARVARD
Hasanzadeh, M., Hosseini Baharanchi, M. S. (2014). 'Make objection to judgments based on definitive oath in revision and appeal', Law Quarterly, 44(2), pp. 175-186. doi: 10.22059/jlq.2014.51861
VANCOUVER
Hasanzadeh, M., Hosseini Baharanchi, M. S. Make objection to judgments based on definitive oath in revision and appeal. Law Quarterly, 2014; 44(2): 175-186. doi: 10.22059/jlq.2014.51861
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