به آیینی و به سامانی:
درستی - سازش - شادی
نوع مقاله : مقاله پژوهشی
نویسنده
دانشجوی دکتری حقوق خصوصی دانشگاه تهران،پردیس کیش
کلیدواژهها
عنوان مقاله English
نویسنده English
Incidental third-party objection is a procedural mechanism through which a party to a pending lawsuit challenges a previous judgment that has been invoked by the opposing party in support of its claim. Article 419(b) of the Iranian Civil Procedure Code defines an incidental objection as an objection by one of the parties to a judgment previously rendered by a court and produced by the opposing party “during the proceedings” in order to prove its claim. The judgment under consideration raises an important question as to whether the phrase “during the proceedings” constitutes a strict temporal requirement, meaning that the previous judgment must be introduced only after the commencement of the proceedings and during a subsequent procedural stage, or whether it primarily refers to the procedural context in which the previous judgment becomes relevant and thus reflects the incidental nature of the objection. This question becomes particularly significant where the previous judgment is relied upon from the very beginning of the action, including in the statement of claim.
کلیدواژهها English
