به آیینی و به سامانی:
درستی - سازش - شادی
نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه حقوق خصوصی، دانشکده حقوق و علوم سیاسی، دانشگاه خوارزمی، تهران،ایران
کلیدواژهها
عنوان مقاله English
نویسنده English
This article evaluates three judgments issued by one of the branches of the Supreme Court (the Third Branch of the Supreme Court). Using a descriptive-analytical method, and while briefly presenting the judgments issued in these cases, it demonstrates that the judges of the Court, in the rulings in question, paid particular attention to the details of the case, attached considerable value to the procedural rights of the parties, and guided the courts of first instance on important points. The judgment issued is eloquent in its drafting, and while attending to the important issue of jurisdiction, it also points out significant matters concerning procedural objections; moreover, it addresses oversight of the manner in which a document is characterized and interpreted. On an important issue such as the characterization of a document, it reached conclusions that had not been contemplated by the lower courts. Furthermore, the analysis of the effect of a criminal judgment on a legal issue was another notable feature of one of the judgments issued, and the judges highlighted an active role for the judge in the possibility of examining evidentiary proof.
کلیدواژهها English
