Ray (Judicial Case Review)

Ray (Judicial Case Review)

Appealing the certificate of impossibility of compromise

Author
PhD Student in Family Law at ShahidBeheshti University.
10.22106/jcr.2024.1988003.1441
Abstract
Civil Procedure Law enumerates the appealable verdicts in articles 367 and 368, according to which, the decision of the family court in the divorce case is recognized among the appealable verdicts. Also, according to the decision of the Supreme Court of Iran No. 666 and with the interpretation of the word divorce in the aforementioned articles, all decisions of the family court in divorce cases - regardless of whether they are related to the principle of divorce or not - are considered appealable. With the approval of the family support law approved in 2013 and the separation of the divorce decree from the certificate of incompatibility in Article 26 of this law, there is doubt regarding the possibility of appeal regarding the certificate of incompatibility. Some authors believe that it can be appealed, while others believe that it cannot be appealed. In the upcoming indictment, the 10th branch of the Supreme Court has taken a middle view and has not considered the certificate of incompatibility to be appealable in the assumption that the purpose of appeal is only regarding the determination of financial rights. In this way, the opinion of jurists regarding the appealability of the certificate of incompatibility can be categorized into three categories: absolute possibility, conditional possibility and the impossibility of appeal. In this research, the opinion of the Supreme Court regarding the conditional appealability of the certificate of incompatibility has been criticized and the point of view that considers the certificate of incompatibility unappealable has been strengthened.
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  • Receive Date 22 January 2023
  • Revise Date 26 January 2023
  • Accept Date 04 November 2024