بررسی وضعیت قطعی بودن رأی و مهلت در اعتراض شخص ثالث
نوع مقاله : پژوهشی
نویسنده
دانشیار گروه حقوق خصوصی، دانشکدۀ حقوق، دانشگاه قم، قم، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
Study of status of the finality of the judgment and the deadline for third party objection
نویسنده [English]
- Mahdi Hasanzadeh
چکیده [English]
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.
کلیدواژهها [English]
- third party objection
- final verdict
- non-final verdict
- execution of sentence
- deadline for objection