The validity of consent judgment (award by confession)

Document Type : Research Paper

Authors

1 Associated Professor, Private Law Department, Faculty of Law and Political Sciences, University of Mazandaran, Iran

2 PhD Candidate in Private Law, Faculty of Law and Political Sciences, University of Mazandaran, Iran

Abstract

According to article 184 Civil Procedure Law the court, after reaching a compromise between the parties, announce the termination of proceeding and issue a consent judgment. But law is silent about this question that "whether consent judgment has Res Judicata?" On the other hand, Res Judicata is one of the courts judgments effects. So, if the consent judgment would an award, therefore it will conclude the Res Judicata. However, there are opposite views: Some believes that the consent judgment is contractual act based on confession. Hence in this case, such judgment just a matter of dispute cancellation, termination or revocation accordance with the provisions of the Civil Law. Some believes that the consent judgment is lawsuit downfall injunction. In this case, it will conclude the Res Judicata. Some believes that the consent judgment is non-litigious decision that it will not conclude the Res Judicata. We believe that issuance of consent judgment may be done in two different cases that in each of these assignment of Res Judicata is different. 

Keywords

Law Quarterly
Volume 44, Issue 3 - Serial Number 3
October 2014
Pages 311-326

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