The Judiciarys Law Journal

The Judiciarys Law Journal

Authority of Judged Issues in respect of Judgments in Cash

Document Type : Research/Original/Regular Article

Authors
1 Assistant professor of the faculty of law, University of Tehran
2 Judge of Judiciary of Mazandaran Province
10.22106/jlj.2025.2064592.6336
Abstract
One of the issues that has become a problem and difficulty in the judicial procedure and the enforcement of rights and settlement of disputes in recent years is the execution of judicial orders about common currency. The delay in proceedings and the inefficiency of executive remedies in civil matters, along with the unbridled increase in the inflation rate and the devaluation of the national currency, have caused the purchasing power of the amount of money awarded from the time the lawsuit is filed or the final judgment is issued, to never be equal to the purchasing power of that amount at the time of execution of the verdict and collection of the award. Any appeal of the amount of the verdict will also face legal and judicial obstacles, such as the validity of judged issues and divestment of the judge. Ignoring the existing realities, while weakening the judicial system, has caused the Judiciary System to lose its function in upholding rights and settlement of disputes. This fact has led to efforts from Iranian jurists to solve this problem. This article attempts to provide appropriate theoretical foundations and suggest practical remedies to complement these efforts. Among the interpretations that judicial procedure has offered to resolve this problem, one can point to the exclusion of the title of the verdict and, as a result, the exclusion of the validity of the final order with respect to the amount of the award. In addition, in some judicial decisions, the temporary validity of expert opinions on the subject of property or damage valuation has been recognized. On the other hand, some courts delegate the authority to determine the amount of the judgment to the execution judge, thereby minimizing the time gap between determining the amount of the judgment and its execution.
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Volume 89, Issue 130
Summer 2025
Pages 309-334

  • Receive Date 01 July 2025
  • Revise Date 16 August 2025
  • Accept Date 25 August 2025
  • First Publish Date 25 August 2025
  • Publish Date 23 August 2025