نوع مقاله : مقاله پژوهشی
نویسنده
دکتری حقوق خصوصی و استادیار دانشگاه رازی کرمانشاه
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The principles of fair trial require that the right to appeal would be recognized. In most judgements, therefore, losing party can appeal in the higher court. In the case of multiplicity of unsuccessful parties, according to the privity of civil judgements, the decision does not affect those who have not appealed, unless it is indivisible. In contrast, if winning parties are multiple, the severability of judgement is the criteria for necessity or non-necessity of appealing against them. In addition to, appellant can withdraw his appeal claim form; provided that the judgement is not divisible, withdrawal of appeal in respected of some respondent amounted to dismissal of case by court; whereas if one of the appellants withdraw his appeal against respondent, it is an obstacle to trial and it is similar to the situation when he does not appeal. In the case of multiplicity of losing parties and prevailing party, the delicate issues are arisen that will be examined.
کلیدواژهها [English]
)