Document Type : Research

Author

• Ali Abbas Hayati

Assistant Professor, Faculty of Literature and Humanities, Razi University

Abstract

The retrial is one of the extraordinary methods to complain against decisions whereby the plaintiff demands the issuing court to reverse the final judgment which has been pronounced by the court.  If the court accepts the request, the action is reviewed again. Article 426 of Iran’s Act of Civil Procedure counted seven causes for rehearing. Critical analyses of these causes show us the drawn foundation for retrial, and it is required first, 1-3 sub-sections of the aforementioned section would be removed, and second two other causes would be added. The first case happens when it is proved that the judgment has been pronounced based on false testimony or witness statement or oath, and second case happens if it is demonstrated before the court that the issuing judge has gone wrong that is effective in being the judgment unjust.

Keywords

• Retrial
• Rehearing’s Causes
• Judgment
• Final Judgment
• Reversing a Judgment

Main Subjects

• Jurisprudence and Law