EFFECT OF REHEARING AND OBJECTION TO JUDGMENT BY A THIRD PARTY ON EXECUTION OF JUDGMENT
Author(s):
Abstract:
Civil procedure code in articles 424 and 437 has laid down deferent effects for rehearing and objection to judgment by a third party about execution of judgment. On base of these articles effect of rehearing is stronger، so with rendering of writ of acceptance of rehearing، execution of judgment stops، except about condemnation connected with property، when obtaining of security with compensation is possible. In this case، execution of judgment continues with obtaining of security from winning party. But، objection to judgment، by a third party dose not suspend execution of judgment، unless compensation of execution of judgment is impossible. In this case، with obtaining of security from losing party، execution of judgment suspends for a certain period of time. Aggravation of rehearing''s effect is for rendering of writ of acceptance of rehearing that strengthens probability of overturning of judgment.
Language:
Persian
Published:
journal of Private law studies, Volume:43 Issue: 1, 2013
Pages:
37 to 53
https://www.magiran.com/p1169648