Competence and Additional Lawsuit; Critique of the Judgment No. 9609972988100100, First Branch of the Baharestan Legal Court of Tehran

From the point of view of judgement principles, it is a good judgment and brings the audience to the point where the judge is convinced, which shows the judge's accuracy, fidelity in quotations, impartial treatment of individual issues and rulings, and in separate sections. It also joins issues such as the "parties", the "subject or principle of litigation", "defenses" and "judicial responses and arguments" until a final decision is reached. This continuous chain together forms a coherent judgement with decisive judicial features. Such a judgment will undoubtedly convince not only the litigants, but also any other reader, especially the judges of the higher court or tribunal, as we clearly see in the case file of this judgment. From the point of view of nature, the weighty judgment of the First Branch of the Baharestan General Court, written by its esteemed judge, Mr. Ghazi Hosseini, can be confronted with some criticisms from two angles: "Not determining the duty of the right and the way of creating the physically properties of claimer in these years of several decades" and "interpretation of the unanimous judgement of procedure No. 508 of the General Assembly of the Supreme Court and attention to the inalienable right to sue." The opinion of this branch has clear and acceptable arguments, but according to the author, "in order for all the official documents of the substance of endowments not to be declared without legal effects at once, the court should entere into the ownership of substance of endowments regardless of whether the permission to establish He has good tools for discovering the truth; The truth that reveals the expansion of the endowment and the value of willing."