The Notion of “Parties” in Law of Vehicle Consumer Protection and The Procedure of Referring a Case to the “Conflict Resolution Board” (Examination of the Rulings Issued by Branches 191 and 229 of the General Legal Court of Tehran and the Rulings of the Fifth Branch of the Supreme Court in the Case No. 9609980214000500)

Document Type : Technical-Scientific

Author

Associate Professor at Law and Political Science Faculty of Tehran University

Abstract

A man guaranteed his Hyundai Santa fe before Assan Motor. The car’s motor buried in 1600 km trip navigation. He tried to referring his case to the Conflict Resolution Board which is provided by in Law of Vehicle Consumer Protection 2007. The board held damages verses Assan Motor Co. but the company filed a case before Tribunal of Tehran for annulling that judgment by this ground that the parties should referring the case by their mutual agreement mot by ex-part demand of each party. 5th chamber of Supreme court has accepted the plaintiff’s argument once but the lower courts resist in his opinion and finally the Court has given up his opinion and seyed that each parties can refer his case by his unilateral demand because of the foundations and philosophy of that mentioned Law. The Judgment of Supreme Court is well grounded and is in accordance with the need of consumers.

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