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

Interdiction Judgment; Cassation Review and the Guarantee of a Fair Trial in the Light of Judicial Supervision (A Review and Critique of Judgment No. 00458/9509970909 dated 23 November 2016 of Branch 3 of the Supreme Court of Iran)

Document Type : Original Article

Author

Mostafa Sarlak

Mostafa Sarlak, Ph.D. Student in Private Law, Alborz Campus, University of Tehran, Tehran, Iran.

Abstract
The institution of interdiction (hajr), owing to its extensive effects on legal capacity and the fundamental rights of persons, is regarded as one of the most sensitive institutions of civil law and non-contentious matters. The Iranian legislature has subjected the adjudication of petitions for interdiction to special formalities, extensive investigations, and heightened supervision. The judgment of the Third Branch of the Supreme Court of Iran in a case of interdiction on grounds of insanity is a clear example of proper judicial supervision and safeguarding of the fundamental principles of judicial proceedings. In this judgment, the Supreme Court, emphasizing the mandatory role of the public prosecutor, the supervening nature of insanity, the necessity of up-to-date investigations, and observance of defense rights, identified fundamental deficiencies in the judgments of the lower courts, which led to quashing of the judgment under cassation appeal. This article, adopting an analytical-descriptive approach and drawing on the Constitution, the Civil Code, the Non-Contentious Matters Act, and the Code of Civil Procedure, examines the judgment of the Third Branch of the Supreme Court of Iran and, while explaining the theoretical foundations of fair trial, demonstrates its implications for judicial practice of courts in adjudicating petitions for interdiction.

Keywords

Interdiction
Insanity
Non-Contentious Matters
Supreme Court of Iran
Fundamental Principles of Judicial Proceedings
Subjects
Comparative Civil Procedure
Volume 2, Special Number
Commemorative Volume Honoring His Excellency The Judge Hassan Ghaffarpour Maraghi President of 3rd Branch of the Supreme Court, Iran
2026

  • Receive Date 14 September 2026
  • Revise Date 28 September 2026
  • Accept Date 28 September 2026
  • Publish Date 23 October 2026

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