A study on the restoration of proceedings in the civil procedure code of Iran and France

Retrial is one of the cases of appeal against a court decision, whereby the plaintiff requests the issuing court to overturn the final judgment issued against him. If the request is accepted, the lawsuit is subject to reconsideration. Article ۴۲۶ of the Iranian Civil Procedure Code enumerates the grounds for retrial in seven cases, and an analysis of the grounds for retrial shows that, considering the basis outlined for retrial, it is necessary to first delete paragraphs one to three of the aforementioned article and secondly add two other grounds. If it is proven that the final judgment was issued based on false testimony, affidavits, or oaths, and in the second case, if it is proven by the relevant judicial authorities, the judge who issued the final judgment has committed a violation that contributed to the unfairness of the issuance of that judgment. The evolution of the rules related to retrial in French law shows that the legal system initially had nearly twenty cases of retrial, and later it was reduced to ten cases, and finally in the recent law it was limited to four cases. French jurists consider the main reason for the change in retrial to be the recent reforms in creating a synergy between the cases of retrial. Among the aspects mentioned in the new French Civil Procedure Code, it was found that there is so much in common that in all of these aspects there is a kind of haste on the part of the convicted person to obtain an unfair verdict. In other words, it can be said that in obtaining an unfair verdict, a kind of immoral behavior has been carried out by the convicted person, which resulted in an unfair verdict being issued in his favor and to the detriment of the convicted person. A brief look at Article ۹۵۹ of the French Civil Procedure Code is the reason for this.

کلیدواژه ها:

Retrial ، final verdict ، annulment of verdict ، perjury