Procedure & Regularity for Accuracy, True Dispute Resolution and Happiness
Multiplicity and Differences in the “Nature” of the Grounds for Quashing a Trial Court Judgment in Cassation Proceedings (Review and Critique of Judgment No. 9609970909100355, Dated October 8, 2017, Issued by Branch 3 of the Iranian Supreme Court)
Associate Professor of Private Law University of Tehran
Abstract
The multiplicity and differences in the nature of the grounds for quashing a trial court judgment constitute one of the most complex issues in cassation procedure. In addition to the importance of correctly determining the “nature” of a ground for quashing and matching it with the grounds set forth in Article 371, this issue also raises the question of which court has jurisdiction where the Supreme Court quashes a judgment on two different grounds the case must be referred to a court of coordinate jurisdiction. despite the judgment’s strength in identifying instances of incomplete investigation, it suffers from a serious defect in determining the “nature of the grounds for quashing” and in invoking the relevant paragraphs of Article 371 of the Code of Civil Procedure. Furthermore, observance of the principles of fair trial, objective impartiality, the principle of jurisdiction of a court of coordinate jurisdiction, the exceptional nature of the jurisdiction of the court that rendered the quashed judgment in cassation proceedings, and the need to maintain public confidence in impartial adjudication require that, where multiple grounds for quashing exist in cassation proceedings, jurisdiction should lie with a lower court of coordinate jurisdiction.
Tabatabai Hessari, N. (2026). Multiplicity and Differences in the “Nature” of the Grounds for Quashing a Trial Court Judgment in Cassation Proceedings (Review and Critique of Judgment No. 9609970909100355, Dated October 8, 2017, Issued by Branch 3 of the Iranian Supreme Court). (e742280). Comparative Civil Procedure, 2(Special Number), e742280
MLA
Tabatabai Hessari, N. "Multiplicity and Differences in the “Nature” of the Grounds for Quashing a Trial Court Judgment in Cassation Proceedings (Review and Critique of Judgment No. 9609970909100355, Dated October 8, 2017, Issued by Branch 3 of the Iranian Supreme Court)" .e742280 , Comparative Civil Procedure, 2, Special Number, 2026, e742280.
HARVARD
Tabatabai Hessari N. (2026). 'Multiplicity and Differences in the “Nature” of the Grounds for Quashing a Trial Court Judgment in Cassation Proceedings (Review and Critique of Judgment No. 9609970909100355, Dated October 8, 2017, Issued by Branch 3 of the Iranian Supreme Court)', Comparative Civil Procedure, 2(Special Number), e742280.
CHICAGO
N. Tabatabai Hessari, "Multiplicity and Differences in the “Nature” of the Grounds for Quashing a Trial Court Judgment in Cassation Proceedings (Review and Critique of Judgment No. 9609970909100355, Dated October 8, 2017, Issued by Branch 3 of the Iranian Supreme Court)," Comparative Civil Procedure, 2 Special Number (2026): e742280,
VANCOUVER
Tabatabai Hessari N. Multiplicity and Differences in the “Nature” of the Grounds for Quashing a Trial Court Judgment in Cassation Proceedings (Review and Critique of Judgment No. 9609970909100355, Dated October 8, 2017, Issued by Branch 3 of the Iranian Supreme Court). Comparative Civil Procedure. 2026;2(Special Number):e742280 (In Persian).
