Procedure & Regularity for Accuracy, True Dispute Resolution and Happiness

Procedure for Adjudicating Claims of Legal Incapacity and the Scope for Invoking Article 199 of the Civil Procedure Code

Document Type : Original Article

Author

Faculty Member,Isfahan Azad University

Abstract
In exercising its supervisory role, the Supreme Court not only maintains high-level oversight regarding the conformity of the appealed judgment with legal and Sharia principles but also scrutinizes the procedural conduct of various lawsuits. To ensure the ascertainment of the truth, the Court is empowered—where it determines that the provisions of Article 199 of the Code of Civil Procedure can be utilized—to overturn a judgment due to incomplete investigation and to mandate that the lower court fully exercise the powers and mechanisms provided by the Code of Civil Procedure to uncover the facts. In the ruling issued by Branch 3 of the Supreme Court—the subject of this article—the Court, with particular diligence and precision, deemed it necessary to apply the authority granted by the aforementioned Article 199 to the proceedings of a case concerning the judicial determination of legal incapacity. In the case at hand, deeming the investigations conducted by the lower courts to be incomplete,

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Volume 2, Special Number
Commemorative Volume Honoring The Judge Hassan Ghaffarpour (Maraghi) President of 3rd Branch of the Supreme Court, Iran
2026

  • Receive Date 06 October 2026
  • Publish Date 23 October 2026