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.865

Document Type : Original Article

Author

Behnam Shekoohi Mashhadi

PhD in Private Law, Faculty of Law and Political Science, University of Tehran Member of Research Center of Justice & Civil Procedure

Abstract
In paragraph 1 of Article 12 of the Dispute Resolution Councils Law, approved in 1402, the legislator has placed financial claims up to one billion rials under the jurisdiction of the Court of Peace and on the other hand, note 4 Article 20 states that "the handling of claims regarding immovable property that lacks an official document is solely within the jurisdiction of the competent judicial authority. According to Article 61, the plaintiff has the option to determine the price of the claim (whether in movable or immovable property) and this measure is effective in terms of litigation costs and the ability to appeal. As a result of the aforementioned authority, the plaintiff was raising the immovable property claim based on a "demand schedule" (valuation) lower than the above threshold and this action, considering the aforementioned Articles 12 and 20, caused a difference of judgments among the courts as to which court has jurisdiction to hear this case? The answer has been given in the Unification of Judgments Decision of Supreme Court No.865.

Keywords

Court of Peace
Movable and immovable claims
Demand
Valuation of demand
The Unification of Judgments Decision of Supreme Court

Subjects

Comparative Civil Procedure
Volume 1, Issue 2
January 2025

  • Receive Date 25 November 2025
  • Accept Date 11 December 2025
  • Publish Date 21 January 2026

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