Comparative Civil Procedure
Procedure & Regularity for Accuracy, True Dispute Resolution and Happiness

Report of the Meeting of Center for Justice & Procedure Civil about the Unification Judgment of Supreme Court No.855

Document Type : Original Article

Author

behnam shekoohi

Ph.D Private Law, Faculty of Law and Political Science, University of Tehran

Abstract
A judgment can have the potential for multiple objections at the simultaneously. This assumption will pose challenges in dispute where the parties are multiple and indivisible. After the judgment of the inferiorcourt, some of the losing parties may file an appeal within the specified deadline, while others may choose the appealing to the supreme court after the appeal deadline has expired or by waiving their right to appeal. The Apply of both rights of objection changes changes the authority and has led to the existence of various judgments, the result of which we see in the Unification of Judgments Decision of Supreme Court No.855. Some branches hold that there should be a deal in both the appellate court and the Supreme Court, considering that the right to appeal is regarded as one of the fundamental rights and the other hand, some branches, relying on the extension of the judgment based on Articles 359, 367, and 404 of the Civil Procedure Code, consider that the mere filing of an appeal by some parties to the dispute and the issuance of a judgment by the appellate court prevents the review of the request for appealing to the supreme court.

Keywords

Fundamental right
appeal
cassation
indivisible and inseparable lawsuits
The Unification of Judgments Decision of Supreme Court

Subjects

Comparative Civil Procedure
Volume 1, Issue 1
September 2025

  • Receive Date 10 October 2025
  • Revise Date 11 October 2025
  • Accept Date 11 October 2025
  • Publish Date 23 August 2025

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