نوع مقاله : پژوهشی
دانشیار گروه حقوق خصوصی، دانشکدۀ حقوق، دانشگاه قم، قم، ایران
عنوان مقاله [English]
According to codes of procedure (articles 348 and 371 Civil Procedure Code and article 477 Criminal Procedure Code) "Contrary to Islamic Jurisprudence" has been announced as the cause of quash of judgments. It is an important point and should be studied if this cause is applicable to all judgments or just judgments which rendered by virtue of religious sources and injunctions and according to principal 167 Constitutional law and article 3 Civil Procedure Code. Applying this cause in the manner that causes quash of judgments which rendered according to laws, it bring about the violation of the laws and this result is not coordinated with constitution law and legal system and arises the shaking of laws and disorder of legal system. Then, for solving this fundamental problem, we are obliged to know this cause as dissuaded from cases which its applying causes the quash of judgments which rendered according to laws.