Ray (Judicial Case Review)

Ray (Judicial Case Review)

Impact of the Legal Opinion of the Central Bank on the Quality of Court Verdict

Author
Attorney-at-Law
10.22106/jcr.2024.2011199.1457
Abstract
The present article examines and critiques the structure of the verdict issued by Branch 16 of the Appeals Court of Kerman Province and the way this court has handled the case. The main emphasis of the study is on the flaw in reasoning, delegation of decision-making to the Central Bank of the Islamic Republic of Iran in legal matters, and the quality of the verdict. Utilizing analytical and comparative methods, the article identifies the flaws and shortcomings in the mentioned verdict. The findings indicate that this verdict, for various reasons including lack of reference to credible legal documents and principles, argumentative weaknesses, and general and vague drafting, faces fundamental challenges and flaws. One notable point is forwarding the case file to the Central Bank of the Islamic Republic of Iran and requesting a legal opinion from this administrative authority, which has also added to the flaws and challenges of this verdict. These flaws could undermine public trust in the judiciary. The article finally recommends that a separate content critique, focusing on the Appeals Court's neglect of governing laws and regulations on disputes, be prepared and presented. This kind of critique can delve deeper into the flaws and shortcomings existing in the mentioned verdict and propose corrective solutions.
Keywords

Volume 12, Issue 45
Winter 2023
Pages 53-67

  • Receive Date 20 September 2023
  • Revise Date 04 November 2023
  • Accept Date 14 February 2024