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

The Procedure for Referring an Insistent Case to the General Assembly of the Supreme Court of Iran (An Analysis of Judgment No. 140306390000462165, dated 7 Shahrivar 1403 (28 August 2024), rendered by Branch Three of the Supreme Court of Iran)

Document Type : Original Article

Author

Hassan Mohseni

Professor of Civil & Commercial Law, Private &. Islamic Law Department, Faculty of Law and Political Sciences University of Tehran

Abstract
The Civil and Criminal Procedure Codes contain no provision governing the procedure for referring a case to the General Assembly of the Supreme Court of Iran following a second appeal on points of law. It remains unclear what is meant by the term “opinion” (nazar) in Article 408 of the Civil Procedure Code, what form such an opinion should take, and for what purpose and in what manner it should be drafted.

As can be inferred from the significant judgment rendered by Branch Three of the Supreme Court of Iran, such an opinion takes the form of a judicial decision, specifically an order referring the case to the General Assembly for adjudication. This decision is final and, being embodied in a judgment, is also served on the parties. The case is then transmitted to the Supreme Court’s Office of Jurisprudential Unification so that it may be brought before the General Assembly.

In this capacity, the General Assembly acts as an adjudicator between the Supreme Court Chamber and the lower court, although, under certain circumstances, it may refer the case back to the Chamber.

Keywords

Opinion of the Supreme Court Chamber
Order Referring the Case for Adjudication
Insistent Judgment
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 30 September 2026
  • Accept Date 02 October 2026
  • Publish Date 23 October 2026

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