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

The Supreme Court’s Supervision over the Discovery of the Truth, Compliance with Procedural Principles and Rules, and the Rights of the Parties to the Dispute (A Critical Analysis of Judgment No. 9509970909100207, Dated July 12, 2016, Issued by Branc

Document Type : Analysis & Critics on Jurisprudence

Author

Kheirollah Hormozi

Associate Professor, Department of Private and Economic Law, Faculty of Law and Political Science, University of Allameh Tabatabaie,Tehran, Iran.

Abstract
The supervision exercised by the Supreme Court over courts of first instance and appellate courts is of paramount importance in judicial proceedings, ensuring the correct application of the law in lower courts. A rational method for this supervision is the mechanism of cassation appeals (*farjam-khahi*). However, permitting cassation appeals against all final judgments from courts of first instance and appellate courts would overwhelm the Supreme Court with a massive caseload; consequently, judgments issued by appellate courts are currently not subject to cassation appeal, except for those specified in Clause (a) of Article 368 of the Civil Procedure Code. This restriction has significantly narrowed the scope of the Supreme Court's supervisory authority over these courts. The judgment under review clearly demonstrates the importance of the Supreme Court's supervisory role, illustrating the potential for baseless or unlawful rulings to be issued by lower courts in the absence of such oversight. In this case, two grounds for overturning a judgment—as stipulated in Article 371 of the Civil Procedure Code (Clauses 3 and 5)—were effectively invoked to exercise supervision over the lower courts.

Keywords

the correct application of the law
overturning a judgment due to non-observance of procedural principles and rules
overturning a judgment due to deficiencies in the investigation
Subjects
Comparative Civil Procedure
Volume 2, Special Number
Commemorative Volume Honoring The Judge Hassan Ghaffarpour (Maraghi) President of 3rd Branch of the Supreme Court, Iran
2026

  • Receive Date 13 October 2026
  • Accept Date 15 October 2026
  • Publish Date 23 October 2026

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