Culmination of Law

Culmination of Law

Legal foundations of decisive judicial decisions in legal authorities

Document Type : Original Article

Authors
1 Associate Professor, Department of Law, Razi University, Kermanshah, Iran
2 PhD Student, Department of Private Law, University of Tehran, Tehran, Iran
3 Master's Degree, Private Law, Kharazmi University, Tehran, Iran
Abstract
Knowing the basics of issuing decisive judicial decisions will distinguish these decisions from each other and their differences when making a decision by the judge. existence Research Using library data and considering case law It seeks to find the basis for issuing decisive decisions . Decisive decisions of the case are verdict، final decision not on merits ، decisions Claimant ، and corrective report. Verdicts They are divided into two parts: verdict on nullity of lawsuit and verdict on unfairness. The verdict on invalidity is generally issued when the claimant's right is fundamentally against the written law or the spirit of the law. On the other hand, if the judge does not find a right for the petitioner, she proceeds to issue a judgment on injustice. Claimant decisions are issued due to the exercise of the government's sovereignty and to prevent the violation of the rights of persons without qualifications. final decision not on merits Depending on the legal arrangement, the lack of conditions for filing a lawsuit or a petition, failure to comply with the law imposed on the plaintiff during the proceedings, forced or voluntary termination of the lawsuit and the will of the parties to the lawsuit. The amendment report is another way to end the lawsuit, which should be done along with the settlement of the lawsuit in order to reach an agreement between the parties and conclude a peace agreement
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References
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