The Judiciarys Law Journal

The Judiciarys Law Journal

Study of status of the finality of the judgment and the deadline for third party objection

Document Type : Research/Original/Regular Article

Author
Associate Professor, Department of Private Law, Faculty of Law, University of Qom, Qom, Iran
Abstract
The Code of Civil Procedure does not specify whether a verdict challenged by a third party is final or whether a non-final verdict can be challenged by a third party. In this regard, different and reciprocal views and analyzes are presented. The statement of Article 422 of the Code of Civil Procedure regarding the objection of a third party, before the execution of the sentence and after it, is vague and debatable and has several problems. Examining the issue shows that considering various aspects, it is preferable not to consider the non-final verdict as objectionable to a third party and to consider the third party objection as specific to the final judgment. Article 422 of the Code of Civil Procedure should also be taken to mean that if a long period of time has elapsed since the execution of the sentence, in such a way as to indicate that the third party, if he had a right, waived it, after that, the third party objection will not be accepted unless it proves otherwise.
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Volume 87, Issue 121
Winter 2023
Pages 145-163

  • Receive Date 27 February 2022
  • Revise Date 24 May 2022
  • Accept Date 17 May 2022
  • First Publish Date 02 July 2022
  • Publish Date 21 March 2023