Procedure & Regularity for Accuracy, True Dispute Resolution and Happiness

The Notion of Appeal in Civil Judgments through the Lens of Legal Policymaking in Iran: Supervision-Based Judicial Governance

Document Type : Original Article

Author

Ph.D, Private Law, Tehran University

Abstract
The approach to appealing civil judgments holds an exceptional place among methods of challenging verdicts, and the supreme nature of its reviewing authority, namely the Supreme Court, confirms this claim. This method is anticipated in the fifth section of the Civil Procedure Law and has been the subject of numerous unified precedent rulings. Appeal has long been a focus of attention. Nevertheless, the policymaking and philosophy of emergence behind it have rarely been examined, raising the following question: “What principles and objectives led to the introduction of civil judgment appeal to our national legal system?”

The present study takes an analytical-descriptive approach, initially investigates the background of appeal in Iranian law, analyzes its fundamental philosophy and constructive forces, and evaluates legal policymaking surrounding legal and judicial policies.

Ultimately, these evaluations suggest that appeal is not merely a method of challenging a verdict. It is rather a potent tool in the hands of legal and judicial policymakers for judicial oversight, establishing and maintaining justice, increasing public satisfaction, and establishing social order. This process spans from supervision to judicial governance and is continuously pursuing perfection and greater efficiency.

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Volume 1, Issue 1
September 2025
Pages 11-34

  • Receive Date 29 May 2025
  • Revise Date 27 September 2025
  • Accept Date 11 October 2025
  • Publish Date 23 August 2025